



A: An on-the-record review of a claimant's file can occur in one of two ways; 1) at the sole discretion of the Social Security Office of Disability Adjudication Review (ODAR) where the file is awaiting a hearing date, or 2) after receiving a request from the claimant or the claimant's attorney or advocate. Either an administrative law judge (ALJ) or a staff attorney at the hearing office will conduct the review.
Because wait times for a formal hearing can range anywhere between 6 months to 2 years, it is easy to recognize the appeal of an on-the-record decision. However, it is important to note that prior to requesting an on-the-record decision, the claimant or their attorney or advocate must ensure that the medical evidence submitted with the request is complete and compelling enough to garner a fully favorable decision. After all, the ALJ's or staff attorney's decision will be based "on the records" (i.e., the claimant's medical records).
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