You can receive a partially favorable disability decision for one of two reasons: 1) the Social Security Administration (SSA) agrees that you are currently disabled but does not agree with the onset date, or 2) it has concluded you were disabled for a period, but no longer suffer from a disabling medical condition.
If you were not granted the decision you were hoping for, this does not have to be the end of the road. ASocial Security Disability lawyercan help you pursue benefits. Consult an attorney today to discuss your options.
The Main Reasons for a Partially Favorable Disability Decision
Once the Disability Determination Services (DDS) complete the initial evaluation of your claim, they will send you (or your appointed representative) a notice. The letter will explain the decision and detail the appeals process. If you don’t agree with the determination, you have a right to appeal.
There are three possibilities for your medical determination decision, according to the SSA Handbook:
- Fully favorable:The SSA has found you to be disabled according to their guidelines, and you meet the eligibility criteria for benefits. They also recognize the validity of the alleged onset date for the disabling medical condition.
- Partially favorable:The SSA acknowledges you have aqualifyingdisability, but certain issues with your application prevent you from receiving the maximum benefits or getting them from your initial application date.
- Unfavorable:You don’t meet the SSA’s requirements for disability benefits.
There are two main reasons behind a partially favorable decision. The notice you receive will specify the reasoning behind the determination. If you have any questions about the decision or need further clarification, consult a Social Security Disability attorney.
The SSA Does Not Agree With the Onset Date
One common reason for a partially favorable disability decision is when the established onset date (EOD) is determined to be after the alleged onset date (AOD). In other words, the SSA recognizes your disabling condition but does not agree with the disability date.
A representative will decide on a newly established onset date, which will differ from when you claimed the disability began. Establishing a correct date is crucial to calculating the SSD benefits to be awarded. If the EOD is later than the AOD, this impacts the amount you receive in back pay and future benefits.
Backpay refers to the retroactive benefits owed to you from the time you became disabled to the date your benefits were approved. If the SSA determines that your disability started later than you claimed, the backpay period will be shorter, and you will receive less retroactive benefits.
The EOD also influences your ongoing monthly benefits. If your disability is determined to have begun later, the monthly benefit amount you receive going forward might be lower than you initially anticipated.
The SSA Awards Disability for a Limited Time
You might also receive a partially favorable disability decision if the SSA found that you suffered from a disabling medical condition but are no longer disabled at the time of the evaluation. In this case, you would be awarded benefits for a specific period but won’t receive ongoing benefits.
Being awarded disability for a closed time period usually happens when your condition has improved or resolved, allowing you to return to work.
Receiving disability benefits for a closed period can still be beneficial because it acknowledges you were disabled and unable to work during that time. This could entitle you to retroactive benefits for that period, which may provide financial assistance for the duration you could not work.
For a free legal consultation, call 864-235-0234
What Are Your Options After Receiving a Favorable Disability Decision?
Carefully review theSSA’s noticeto understand the specifics of their determination. Also, make sure the decision aligns with your medical history and current circumstances.
If you believe the decision is incorrect or if your condition has worsened since the closed period, you have the right to appeal the decision and provide additional evidence to support your claim for ongoing disability benefits. You have 60 days to take action.
Filing an appeal after a partially favorable decision has certain benefits. If the SSA reviews the initial determination, you could receive retroactive payments from an earlier date or receive ongoing benefits.
It is important to note that an appeal is not without risk. Upon appealing a partially favorable determination, you could risk receiving an unfavorable decision. Furthermore, you will not get any benefits during the appeal process.
Seek legal guidance from aSocial Security Disability appeals lawyerto increase your chances of a favorable outcome. Our lawyers are well-versed in the specific requirements the SSA sets and understand how to present your case.
Call a Social Security Disability Lawyer To Discuss Your Case
Navigating the Social Security Disability process is complex and time-consuming. However, seeking legal representation will simplify the procedure and allow you to focus on your well-being, knowing that your future is in competent hands.
At Pilzer Klein, we offer compassionate legal assistance to individuals with disabling medical conditions. If you received a partially favorable decision, we can help you understand the reasoning behind the SSA’s decision and review your options. The initial decision letter does not have to be the end of the road; you may appeal and continue fighting for full benefits.
At our law firm, we exclusively handle Social Security Disability cases. We will protect your rights and make sure you have the best chance of obtaining the benefits you rightfully deserve.Contactus today to discuss your case with our legal team.
Call or text 864-235-0234 or complete a Free Case Evaluation form
