Nassau: 366 North Broadway Suite 410 Jericho, NY 11753
Suffolk: 445 Broad Hollow Road Suite 25 Melville, NY 11747
Call Us Toll-Free: (888) 572-0861 Email: jd@iwantmydisability.com
If an application for Social Security Disability (“SSD”) benefits is denied by the State agency, then you can request a hearing with an administrative law judge. Government statistics show that it takes over a year before you get to have a hearing. That delay can be reduced significantly by submitting a request for a fully favorable decision on the record (“OTR”).
An OTR should summarize the medical and vocation evidence, and demonstrate why the Social Security rules and regulations show that a hearing is not needed. SSD benefits must be granted where a treating doctor’s opinion that a claimant cannot work is given controlling weight. In theory, only one doctor’s supporting opinion is required to get SSD benefits.
I represent a 40 year old former financial strategic planner with cervical radiculopathy and chronic fatigue syndrome (“CFS”), whose OTR was approved today. SSD benefits are frequently denied to applicants who are younger than 50 years old, especially prior to a hearing. One way to increase the chances of having an OTR granted is to submit disability opinions from multiple medical sources.
In this instance, I provided disability opinions from the claimant’s orthopedist, pain management specialist, CFS specialist, and physiatrist. The medical opinions provided corroborative evidence and showed that a contrary State agency opinion was inconsistent with the record as a whole. Without the additional supporting opinions, the OTR probably would have been denied, thereby requiring the claimant to wait for a hearing.
Previous NextDISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Attorney Advertising
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou