You have very good handle on your claim. You should be asking this question of your current rep - is that person an attorney? Do they specialize in SS claims?
There is much information I think I or any other attorney would want to know before providing legal advice here. For example, what does the objective evidence say your condition was at date last insured - not the RFC forms, but the objective medical evidence (MRI, EMG, CT scans, clinical exam, etc.). In my view, your condition back to 2001 probably is not too significant - You can only get paid 1 year of retroactive benefits on SSDI if you win, so that would be back to December 2008. So, you need to prove disability only as of December DLI to win the SSDI.
Talk to your representative and ask the same question you posted here. If you decide you want a new attorney, there are a number of good attorneys in your area, some of whom you can find here on Avvo. Use the “Attorney Finder” feature of Avvo for help with that.
You can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.
Their link is: http://www.nblsc.us/
You may also contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact your local legal aid office if you cannot afford an attorney. If there is a law school in your area, you may contact their legal clinic as well. Or, use the “Attorney Finder” feature of Avvo for help with that.
Finally, you may also contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.
I hope this information helps. Good luck to you!
Please remember to designate a best answer to your question.
The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.
It can be quite difficult and frustrating to get errors corrected. This is one of the reasons to have a lawyer. If you don't have one, get one. If you do have one, let him fix this for you.
I seriously doubt your representative is delaying for more fees. The frustrating part of your saga appears to be that you have a very clear understanding of what you need but are having difficulty communicating your desire to your representative. I would doubt that an request for on the record decision will do you any good. You will more likely than not need an additional hearing as the prior history of your claim does not lead itself to an on the record decision regardless of the medical information. I would really push your representative to amend your AOD in writing prior to the hearing with request for the VE to have all necessary medicals.