This question brought a visitor to my site recently: is it possible to get a on the record decision if you are under fifty-five?
The answer, of course is yes, it’s possible, but there are a few things to bear in mind.
As with all on the record (OTR) requests, the medical evidence of disability should be compelling. The severity of your symptoms must be apparent from the medical evidence.
For the best chance, the record should include one or more medical source statements setting forth your functional limitations. The medical record should be up to date.
What complicates an OTR request for a younger individual is step 5 of the sequential evaluation. You must be unable to perform other work. Claimants age 55 and over with physical impairments have the benefit of a presumption that they cannot perform other unskilled work at the sedentary or light exertional level. This presumption is contained in Social Security’s medical-vocational guidelines.
Claimants under 55 have a more difficult burden to show that they are unable to do other work. For the best chance of success with an on the record request, the disability claim file should have compelling evidence, preferably including medical opinion evidence, that establishes functional limitations that are clearly inconsistent with the ability to maintain employment.