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In the state of New York, if your initial application is denied, the next step is to appeal your denial and formally request a hearing in front of an Administrative Law Judge. A hearing requires you to appear in person, at a designated hearing location, and offer testimony as to why are unable to work. You might be asked questions about your employment history, the responsibilities you had on the job, why you stopped working, you injuries and impairments, how you are limited in your everyday activities and anything else relevant to whether or not you can work.
But what if you could avoid a hearing and still win disability benefits?
Well, you can.
Prior to a disability hearing, a claimant's attorney may provide the Administrative Law Judge with a formal request to make a decision on the case without having to offer testimony. Also known as an "On The Record" request, this is done by submitting a detailed legal brief summarizing the medically determinable impairments as well as a legal theory of disability.
While On The Record requests may be utilized in an effort to avoid a hearing, not all Judges will rule on them before the actual hearing. Judges are not required to make a decision on these briefs and many Judges still request the claimant to formally appear on the scheduled hearing date.
On The Record briefs simply allow the Judge to make a favorable ruling on the case without a hearing. If a Judge rejects the On The Record request, you do not lose your case. You will still have to appear at your scheduled disability hearing. When a Judge denies the On The Record request, it means that they need more information to make a final ruling on your case. And more information comes by way of the hearing.
It's important to remember that not every case warrants an On The Record request. Often times, obtaining testimony from the claimant can hold more weight than a legal brief. Cases with strong medical files and consistent medical opinions from treating physicians typically call for an On The Record request.
To learn more about the possibility of avoiding your social security disability hearing, please contact our office at (914)-946-1452.
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