OTR Efficiency

An on-the-record (“OTR”) decision saves a claimant time by receiving an approval before a hearing with an Administrative Law Judge (“ALJ”) takes place.  An OTR can also save a claimant money.  Since attorney fees grow each month before a claim is approved, by receiving an OTR well in advance of the hearing, there are fewer fees to pay. Unfortunately, most ALJs will not look at a brief requesting an OTR until a couple of days before the scheduled hearing.

An OTR also avoids the stress a claimant experiences when having to attend a hearing with an ALJ.  Hearings can last for a couple of hours if there are experts, and hearings usually do not start on time.  If the case is strong, ALJs like OTRs because they free up time and resources for more complicated claims.

We represent a 55 year old claimant from Franklin Square with physical and mental impairments, who worked as a teacher’s aide and an administrative clerk.  Those occupations are considered light, i.e., more strenuous than sedentary work.  I submitted a brief showing how Vocational Experts had testified that both occupations provide no skills that transfer to sedentary work.

FI showed that five treating doctors explained why the claimant could not even perform sedentary work.  The State agency medical consultant, whose credentials could not be determined because the State refused to disclose the full name, was the only doctor who believed the claimant could work.  The State consultant never saw the claimant, and failed to review most of the medical records.

Given the above facts, I maintained that the claimant should be found disabled under the Grid rules, even if she were capable of full time sedentary work.  Consequently, I asked the ALJ to issue an OTR.  The ALJ agreed that an OTR would be appropriate, which eliminated the need for the claimant to attend the hearing.

This is a perfect example of why retaining an experienced, knowledgable disability attorney is in your best interest if you intent on applying for SSD benefits.  Please call my Long Island office for a free phone consultation.