Special Programs

A claimant's case may be appropriate for special programs that spare the claimant the need to go to a full-fledged hearing before an Administrative Law Judge.

Revised Reconsideration

Revised reconsideration is a program in which cases that are about to go to the hearing office are instead reviewed and sometimes granted by a regional office.

Sometimes a partially favorable decision is issued, perhaps approving an amended onset date that would grant some but not all of the past due benefits sought. At that point, the claimant and his/her attorney must weigh the pros and cons of accepting the decision or pushing for a fully favorable decision at a hearing. Going to a hearing can jeopardize even the part of the decision that was in your favor, and can place your current benefits at risk.

Senior Staff Attorney Program at OHA

In some hearing offices, senior staff attorneys screen cases for claimants who can be granted benefits without needing to hold a full-fledged hearing. If the staff attorney cannot grant a fully favorable decision, the case will go on to the hearing before the Administrative Law Judge.

This is a juncture at which an attorney may get a call proposing an amended onset date or a closed period of benefits. When faced with some benefits now instead of the possibility of more benefits (or none at all) only after months waiting for a hearing, some claimants will want to take the smaller, but certain, victory.

On-the-Record Requests

One other way to avoid going to a full-fledged ALJ hearing is to ask that the ALJ decide the case on the evidence of record. This sometimes serves to flag a case, signaling to the judge that it is a particularly strong one. If testimony from the claimant would only add to the merits of the case, the ALJ may decide to grant it without holding a hearing.

However, care must be taken not to inadvertently waive the right to a hearing. Some ALJ's warn that the on-the-record request serves to waive the right to a hearing even if the decision is unfavorable; other ALJ's simply deny the hearing.

In the letter outlining the theory of the case and why it might not require a hearing, it should be clearly stated that the claimant is not waiving the right to a hearing if the case cannot be granted on the record. The argument is that in the event the case can't be granted, the letter should be treated as a pre-hearing brief.