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BENCH DECISIONS FOR DISABILITY

Most Social Security disability claims wind up in a hearing.  It's just the way it is.  70 percent of applications get sacked for heaven knows why.  Your representative, understanding that your denied claim still has life in it, will pick it up and file and appeal (within 60 days of denial).  That's why your claim winds up before a Social Security Judge.

The judge sometimes issues a decision prior to your hearing. 

You or your representative may request an "On the Record (OTR)" decision prior to the hearing date.  You are asking the judge or a senior attorney who works for the judge to review your file and issue a favorable decision based on what is in the record.  A decision will only be made if it is "fully favorable" to you.  (Your request should state that you do not waive your right to appear at the hearing if a fully favorable decision is not granted).

If you must attend a hearing, and your judge believes that the medical and vocational evidence is compelling and your testimony was credible, he/she may enter a Bench Decision into the record immediately.  This avoids waiting for a letter to announce the judge's decison on your case.  

In most cases, however, Bench Decisions are not awarded.  You will attend the hearing at the scheduled time and wait a few weeks for a decision in the mail.  In the meantime you probably won't know whether your claim was approved or denied.  So a Bench Decision, in the relatively few cases where the judge decides to issue one, avoids the anxiety of waiting for a decision.

Claimants who are represented are more likely to get an OTR or Bench Decision - simply because the representative will present effective evidence and also will know how (and when) to frame a request for a Bench Decision.

If you have a disability hearing in your future, I strongly recommend that you obtain adequate representation.  There is no fee for services unless you win.  And that 45 minutes before a Social Security judge could be the most important 45 minutes of your life, in financial terms. Go well prepared.



Comments

  1. Bench decisions are rare. I estimate that they occur in less than 10 percent of all hearings. Some judges seem never to issue them. When they do occur, however, bench decisions can mean that you get your money up to 3 months sooner. Can you ask the judge for a bench decision? No, not really. Sometimes, in cases of severe financial hardship, I may ask the judge: "Your Honor, my client is having a very hard time paying the mortgage (or rent) and has very little ability to pay for basic necessities. Any consideration toward getting a decision out quickly will be appreciated." Sometimes it helps. Not always.

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