In some hearing offices, but not all, judges will try to weed out the cases they can easily grant because the medical evidence is so strong. If you have very strong medicals or a very serious condition, we at Binder & Binder® will try to do what is called an “on-the-record” letter to the judge hoping to expedite the matter. We write to the judge, summarizing the overwhelming evidence of disability in the hope that the judge will agree and grant benefits without the need for a hearing. However, some judges never grant on-the-record letters, and if you are assigned to one of those judges, there’s not much you can do but wait for the hearing. In order to be granted on-the-record, you must have very strong medical evidence and it must be current at the time the letter is being written. A year-old report, even with a note from your doctor saying it’s still the same condition is rarely enough. Because the Social Security definition of disability requires a consideration of your age, education, and work history, generally workers who have worked for many years and are over 50 have a better chance of getting an on-the-record decision than those who are under 50.
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