Request for an “On the Record” Decision (OTR)

Evans & Evans will review and evaluate your file to see if the necessary evidence is there to warrant a request for an “On the Record” decision.

Once you have filed a request for a hearing, you may request an “On the Record” review of your case file. If the medical records/evidence clearly establishes disability as of your requested onset date of disability, Social Security may grant a fully favorable decision without a hearing. If their review does not grant disability, you may proceed with your case at a hearing before an administrative law judge (ALJ).

An OTR is a great legal tool that outlines your records and summarizes it into a 2-3 page legal memorandum for the decision maker. The OTR outlines the objective medical evidence, medical opinions and/or testing results and applies it to the sequential evaluation so that Social Security can see why your case is deserving of an on the record decision.

Evans & Evans will help you secure the proper documentation to support your claim. We will seek out treating source statements from your medical providers by giving them one of our specialized questionnaires. If necessary, Evans & Evans can also negotiate the alleged onset date with the attorney adjudicator at the Social Security Administration, if the record establishes disability at a date later than the one you requested. Even if you are unable to win your case “On the Record”, Evans & Evans will advise you on how best to prepare for your hearing.

One of the advantages of an OTR is that it can expedite the process. Because there are a limited number of Social Security ALJs available to hold hearings, getting a hearing can take several months or even years, depending on the number of total appeals in your area. In contrast, OTR decisions can be reviewed by ALJs and qualified attorneys, which decreases the time you will have to wait. An OTR will also avoid a hearing. If a favorable decision is made OTR, there is no need for you to attend a hearing in front of an ALJ.