December 15, 2018

Can I Win Without Attending a Hearing?

People often want to know if it is possible to win their Multiple Sclerosis disability case “On-the-Record” – without actually having to attend a hearing.

The answer is yes.

While in most cases you will have to appear before a Social Security Judge at the hearing in your Multiple Sclerosis case, there is one possibility that you can win your favorable decision without ever having to appear before a Judge: the “On-the-Record Request,” also known as an OTR Request.This is a legal document that a Social Security Disability Attorney may be able to put together for you if your case is very compelling and if time permits.

To win your case “on-the-record,” your lawyer will have to outline your medical conditions and the arguments for your claim for disability in a concise yet compelling brief.  The Judge will be notified by your attorney of the submission of such a brief, and the hope is that the Judge will review it, take a good look at the supporting medical records (which are often referenced within the brief), and issue a decision in your case based on the medical record alone. That way, you never have to appear before a Judge.

Skilled attorneys routinely win cases on-the record, thus deleting the need for a claimant to be physically present at a hearing.  In addition, claimant’s cases are resolved without the long wait for a hearing date. Talk to your attorney to see if this is an option in your Multiple Sclerosis case. MS cases are often compelling in themselves and often have a lot of medical support, so it is a possibility that you can escape having to attend a hearing.