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An On the Record
decision occurs when an Administrative Law Judge, prior
to a hearing having been held, grants an approval to a disability
claimant.
When an on-the-record decision is made, however, it is because
the medical evidence available to an ALJ is strong to enough
to validate an approval without a formal hearing being held.
On-the-record decisions are, as a matter of course, always
approvals.
If a claimant's case is not approved following an on-the-record
review, a claimant must then be given the opportunity to
have the case presented at a hearing.
Can an on-the-record review be requested? Yes.
An attorney or non-attorney claimant's representative can
make a request for an on-the-record review simply by contacting
the Office of Hearings and Appeals. Claimants who are unrepresented,
of course, can make this request as well.
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