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I see on the record decisions for Social Security disability claims in two different circumstances.

An "on the record" (OTR) decision refers to Social Security disability and SSI claims pending at the hearing level at the Office of Disability Adjudication and Review (ODAR) that are granted on the record prior to a hearing. An on the record decision can only be a fully favorable decision.

The usual circumstance for an OTR decision is the lawyer submits a short letter brief requesting an OTR decision. The letter should outline why the DDS denial was wrong, and why the claim should be granted now.

Sometimes supplementing the medical evidence with treating medical opinion evidence will strengthen a case sufficiently for an OTR. Sometimes the vocational evidence needs further development. Whatever the reason, it is entirely appropriate to ask the SSA to grant a strong case on the record, and scouting cases for possible OTR requests is an ongoing endeavor in my office

The second circumstance for an OTR decision is just prior to the hearing, often the day before. It is not unusual for a judge to look at the cases scheduled for hearing on the following day, and decide that one or more of them could be granted on the record.

Not all judges follow this approach. Some judges believe a hearing is an integral part of the process, and want to see and hear the claimant. Other judges, however, realize that OTR decisions save time a great deal of time, and that the hour scheduled for a hearing of a case to be granted OTR can be used quite productively outside the hearing room. A pair of judges in each of the hearing offices I regular visit (Portland, Maine and Manchester, New Hampshire) regularly grant cases in this fashion.

Linked below are recent articles of note regarding Social Security and Social Security disability.

For the past two years or so I have published these "roundups" every other week. However, there are not always notable articles written on that schedule. Going forward, I anticipate publishing a Social Security disability blog roundup on a monthly basis, with more frequent posts if needed. As always, thank you for reading.

The onset date is the beginning of your Social Security disability claim. It is the date when your impairments prevented you from working at the level of substantial gainful activity.

In our current climate for Social Security disability claims, onset dates have been under pressure from both DDS and from administrative law judges. Even very favorable judges are looking at onset dates much more closely.

At the hearing level, part of my preparation is a hard look at the medical evidence and whether or not it supports the alleged onset date.

The 6-year term of Social Security Commissioner Michael Astrue is complete on Saturday January 19th, and he will depart the SSA. Here is a timeline of Mr. Astrue's term compiled by Charles Hall.

Despite strong progress addressing the hearing backlog of disability claims, Mr. Astrue may be best remembered by Social Security disability lawyers for his "secret ALJ" policy, and his less-than-endearing reponse to criticism of that policy.

No word yet on a nominee to become the next Commissioner of the Social Security Administration.

Update: Commissioner Astrue will remain until the close of business on Wednesday, February 13th. Still no word on a nominee to become the next Commissioner.

I have a number of claims with clients who are age 55 or over. These cases are handled in a specific way in my office, and there is extensive development regarding past relevant work. In my experience, many of these claims are denied initially and at Reconsideration because the claimant did not fully or accurately describe his or her past work.

At step 5 of the sequential evaluation, I look to see if the requirements of the medical-vocational quidelines are met, and would direct a finding of disabled. When I am writing a hearing brief and need to check a specific medical-vocational rule, the quickest way to do so is to visit gridrules.net, a website that offers a good view of the medical-vocational rules.  It is quicker to go to that site than leaving the computer to look up the rule in the regulations.

Take a look, and bookmark the site. You may find that you use it as often as I do.

Every other week I highlight articles of note regarding Social Security disability and related topics. The blogs have been mostly quiet during the holiday season. The last two articles linked below make the point that Social Security benefits are modest, and should be protected from the cuts being discussed in Washington.

The U.S. District Court for the District of Maine has approved several amendments to the Local Rules, which take effect on January 1, 2013.

Local rule 16.3(a)(2) establishes a streamlined process for Social Security appeals in Maine. These cases are routed to the magistrate judge. Based upon an Itemized Statement of Errors and a fact sheet filed by the Plaintiff, and the oral argument of both parties, the Magistrate issues a recommended decision for the appeal. 

The principal change in local rule 16.3(a)(2) is a new requirement that the Commissioner must file an opposition brief to the Plaintiff's Itemized Statement of Errors. This is a welcome change in the rule, because previously you would appear at oral argument without knowing what the U.S. attorney would argue to defend the Commissioner's decision. This rule change should focus the parties and the Court on the true issues of the appeal, and everyone will be better prepared. The other rule changes are a 20-page limit for briefs, and a provision allowing the Magistrate judge to waive oral argument.

Here is a link to new local rule 16.3 (link opens a PDF).

These days, more often than not, the hearing notice for a Social Security disability claim will specify that a vocational expert (VE) will testify at the hearing. This is often alarming for disability claimants, who are not clear about the role of a VE at a hearing. 

The vocational expert attends the hearing to assist the judge, by answering questions about a disability claimant's past work history and the type of jobs that may be available for those with functional limitations similar to the claimant's.

A VE can help the judge to reach a fully favorable decision. A VE can also offer testimony that helps a judge to deny a claim for disability benefits. In certain cases, such as those with a less-than sedentary RFC, VE testimony can be particularly problematic. Also, claims involving mental impairments often call for VE testimony.

How vocational evidence is used depends on the claim, the judge, and how the hearing develops. You never know in advance what the VE will say, which is one reason why a lawyer's help at a hearing is critical.

Nevertheless, the mere presence of a VE at the hearing should not be alarming for claimants. It has become a standard practice for many judges.

I regularly highlight articles of note from the Social Security disability law blogs. The Mayan Calendar ends today, December 21, 2012. What better way to spend a few minutes of the last day than to catch up on the latest regarding Social Security disability? 

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