Can I Appeal A Partially Favorable Decision
Yes, you can. Depending on how much retroactive pay you lose when an ALJ renders a partially favorable decision, you might want to consider appealing this decision to the Social Security Appeals Council. Always consult with an experienced disability attorney before filing an appeal to the Appeals Council.
The Social Security Appeals Council doesnt automatically accept all requests for appealing an ALJ decision. However, they will review your case and decide to take the case or send it back to an administrative law judge for additional review.
An example of the possible difference between a fully favorable decision and a partially favorable decision might go something like this:
- You submit your first application for SSDI to the Social Security Administration. You claim the onset date of your disability is May 1, 2018
- The SSA denies your application. You file an appeal to an ALJ.
- On May 1, 2020, the ALJ approves your SSDI application and gives you a fully favorable decision
- You begin receiving monthly benefits plus receive retroactive pay dated from May 1, 2018
If your SSDI monthly benefits are $2000, then you should receive 24 months of retroactive pay. This amounts to $48,000.
Now, what happens if the ALJ hands down a partially favorable decision and determines your disability onset date is May 1, 2019 instead of May 1, 2018? What it means is that instead of receiving $48,000 in retroactive pay, you will only be entitled to half of that amount, or $24,000.
Should I Sign Up For Direct Deposit
Direct deposit is a great convenience. It is very dependable. You can sign up by contacting your local Social Security office. But if you dont sign up before your disability hearing then it might be too late to have your back benefits paid by direct deposit because the Social Security Administration may have already sent out your check for back benefits.
There are a couple of problems with direct deposit of past due benefits. SSA sometimes has people sign up for direct deposit right when they apply for benefits. Sometimes, people forget that they even signed up and they keep looking for a check in the mail when the money has already been deposited to their bank account. Worse yet, sometimes people close the bank account that they told the Social Security Administration they wanted to use for direct deposit. If this were to happen to you, you would find that it will take a while to straighten this out. It might be necessary for you to go to the Social Security office to update the Social Security Administration on your current account information.
If L Get Paid First Should I Wait Until I Receive The Notice Of Award Before I Cash The Check Or Spend My Past
There is no problem with cashing the check. But it is best that you deposit your check in an interest bearing savings account and not spend it all until you receive the Notice of Award so that your attorney can make sure that attorneys fees were withheld and that you have not been overpaid. It is also a good idea to make two photocopies of the check before you deposit it. Send one copy of the check to your attorney and keep the other for your records.
Also Check: Va Rating For Degenerative Disc Disease
Is There Anything I Can Do To Make Dealing With The Social Security Administration Easier
You shouldnt expect as many problems dealing with the Social Security Administration while receiving benefits as you had trying to get benefits in the first place. Sometimes, though, some people have problems. Here are some things you can do to try to minimize the hassle:
- Keep all decisions, letters, and notices you receive from SSA in a safe place.
- Read everything you get from the Social Security Administration. The booklets that come with award letters and notices are well written and informative.
- When reading the booklets you receive from the Social Security Administration, pay special attention to the kind of information you are required to report to the Social Security Administration. Report promptly and in writing and keep a copy with your Social Security papers.
- Dont necessarily believe everything they tell you at the Social Security Administration 800 number. If you have an important issue to take up with the Social Security Administration, sometimes it is better to go to your local Social Security Office.
Timing Of Lump Sum Payments Of Backpay
It can take a couple months for Social Security to issue backpay, especially for concurrent claims and in other special situations. Although delays in payment can be frustrating, disability recipients should try to be patient with the SSA offices that are processing payments. However, if you haven’t received any backpay after three or four months, contact Social Security to make sure your payment is being processed.
Read Also: How To Calculate Disability Retirement Pay
The Partially Favorable Ssdi Decision
In a partially favorable decision, you may receive benefits, but the judge sets the Established Onset Date later than the AOD you claimed on your application. This new EOD can actually be much later in some cases.
Another form of partially favorable decision comes when the judge rules that you were disabled at one point in time, but no longer are. You may be able to collect limited benefits, in this case, but only for the period during which you are legally ruled to have been disabled.
Why Would There Be A Problem If I Were Overpaid
If you are paid too much, the Social Security Administration almost always figures it out eventually. Then, after you have already spent all of the money, it will send you a letter demanding that you repay the overpayment. If you do not have the money to repay the full amount of the overpayment, the Social Security Administration may threaten to cut off your checks until the overpayment is recouped. Usually it will accept a more reasonable reduction of your monthly checks, but this is still a hassle and you may have trouble making ends meet during the time that your check is reduced. Under some circumstances it may be possible to get repayment of all or part of the overpayment waived but this is not something to count on.
Also Check: How To Increase Va Disability From 80 To 100
A Favorable Alj Decision In Your Social Security Case: 5 Things You Now Need To Know
by Stanley Denman | Last updated Aug 1, 2021 | Published on May 19, 2018
It has been years of waiting and not being able to work. You filed your claim for social security disability and provided the supporting documentation of your claim, yet social security continued to turn you down. It took over a year just to get a hearing before an Administrative Law Judge. But at long last there it is in the mail a fully favorable decision letter!
Over the past 25 years of handling only Forth Worth and Dallas social security disability cases, I have known a few moments sweeter than when we finally win the claim for a deserving disability claimant. Folks have waited and suffered for so long, few think about what is next now that their cause has been vindicated.
But there are important things that a successful disability claimant needs to know. Now that the fully favorable decision letter has arrived, here are 5 things you need to know:
Filing An Appeal Of An Unfavorable Decision
If you choose to file an appeal with the Appeals Council you have sixty days from the date of the hearing decision in which to file an appeal. You should file a Social Security Form HA-520 Request for Review of Decision/Order of Administrative Law Judge, as well as a statement explaining why you disagree with the Judges decision.
If your representative is appealing for you, this should be done on your behalf, by your representative. The appeal form and statement should be filed with the Appeals Council at 5107 Leesburg Pike, Falls Church, VA 22041, as well as with your local SSA office. Once the appeal has been filed the Appeals Council will either review your claim/appeal or deny your request for review. Currently, it typically takes 15-18 months for the Appeals Council to make a decision and to mail the decision out to you and/or your representative.
You May Like: How To Change Va Disability Direct Deposit
What Does A Partially Favorable Decision Mean
After an Administrative Law Judge has determined that you are disabled, you will receive a letter from Social Security Administration called a Notice of Award. In the award letter, SSA will tell you whether its decision is fully favorable or partially favorable. The letter will also explain the reasons behind the fully or partially favorable decision and state the established onset date explicitly.
The established onset date is the day on which SSA believes that you became completely disabled and eligible for disability benefits. As part of your application process, you must allege an onset date, and, in reviewing your file, SSA will determine whether it agrees with your alleged onset date if not, it will propose an established onset date of its own for a date sometime later than the one that you alleged.
When the ALJ agrees with your alleged onset date, he or she will establish that date as the date your disability began, and you will receive a fully favorable decision. That means you will be entitled to disability benefits from the established onset date forward.
When the ALJ agrees that you are disabled but disagrees with your alleged onset date, he or she will establish a different onset date, and you will receive a partially favorable decision. Again, SSA still believes that you are disabled, just not starting on the date you claim. You will be entitled to disability benefits from the newly-established onset date forward.
Need Help?
What Happens After My Disability Claim Is Approved
Typically you will receive disability benefits within 60 days of your favorable decision
The most important steps following an award are:
Several factors determine how fast you will get your benefits
Wondering If You Qualify?
Find out if you qualify for Social Security Disability benefits in just seconds with our free evaluation.
Also Check: Medical Retirement Military Calculator
Should I Appeal A Partially Favorable Decision
If you receive a partially favorable decision, this means you will receive less money than you originally asked for.
If the difference in amounts is small, there may be no reason to appeal the decision. But many partially favorable decisions deprive the applicants of several thousands of dollars. If you fall into this category, you might want to consider whether or not you should appeal. When considering whether to appeal, it is important to note that you cannot limit your appeal to just the part you disagree with. An appeal will allow your whole case to be reexamined and there is a risk that you will be found not disabled for any period of time.
If you can prove that your disability started on the date that you claimed or that it still continues you would receive the additional benefits that you are seeking. A disability lawyer from Berger and Green can help you decide whether to file an appeal of the decision.
For help completing your Social Security disability application, filing an appeal, or collecting evidence for your claim, call the disability lawyers at Berger and Green today at .
Call or text or complete a Free Case Evaluation form
Is There Anything That I Can Do Now To Help Ensure That My Benefits Will Continue
The very best thing you can do is to continue seeing your doctor. A lot of people with long-term chronic medical problems stop seeing their doctors because no treatment seems to help. This is a mistake for two reasons. First, it means that when the Social Security Administration conducts a review, no medical evidence will exist to show that your condition is the same as it was when you were first found disabled. Second, and perhaps even more importantly, doctors recommend that even healthy people after a certain age periodically have a thorough physical examination. This is even more important for people who already have chronic medical problems.
Recommended Reading: Ca Sdi Calculator
What Is The Difference Between A Favorable And Partially Favorable Ssdi Decision
After you spend the time to file your Social Security disability claim, it becomes a waiting game to hear back from the SSA regarding the decision. At any level, be it the Initial Application, the Reconsideration or the Hearing with an Administrative Law Judge the decision options are either unfavorable, partially favorable or fully favorable. When the SSA finds you not disabled and able to work it is called an unfavorable decision. When the SSA finds you disabled and not able to work it is called either a partially factorable or fully favorable decision. You might be wondering what is the difference between a fully and partially favorable SSI or SSDI decision? Disability Support Services has a brief description listed below to help make sense of it all.
Favorable SSDI Decision
A favorable decision is when the SSA has decided that you are not able to work due to your impairment. When approved for benefits, you will receive notification by letter. This award letter explains the reasons for the ruling. In the award letter, it will include the established onset date . The EOD is the day that the SSA found that you were no longer able to work due to your impairment based on the evidence submitted. The EOD also is the date for which you become eligible for disability benefits.
Fully Favorable SSDI Decision
In a fully favorable decision, the SSA sets the established onset date to be in full agreement with the alleged onset date by the applicant.
Partially Favorable SSDI Decision
Understanding Social Securitys Definition Of Disabled
The definition of disabled, according to Social Security, is that you have severe limitations from your health problems that keep you from doing any kind of work for at least 12 consecutive months. This is the first thing we look at when evaluating your case. Your diagnosis is just the starting point. To get disability benefits for you, we must prove that your disabling condition causes severe limitations in your day to day activities.
Recommended Reading: Dod Retirement Calculator
When Will My Regular Monthly Benefits Begin
Usually regular monthly benefits begin the month after you receive your check for past-due benefits, although occasionally people get a check for regular monthly benefits first. Your check will be sent out to arrive on the second, third or fourth Wednesday of the month, depending on what day of the month you were born. The check will pay benefits for the previous month. Thus, for example, the check for Januarys benefits will come in February.
Do I Have To Do Anything Such As Visit The Social Security Office Or Complete Some Forms In Order To Get Paid My Social Security Disability Benefits
No. The Social Security Administration will process your claim and send you your benefits automatically. But if you have children who were under age 18 at any time after your date of entitlement, it will be necessary to put in an application for them to receive benefits but your own benefits will still be processed automatically.
Also Check: How Much Is Ssi In Ca
What Does Partially Favorable Decision Mean
A Notice of DecisionPartially Favorable means the ALJ made a determination which differs from what the claimant was asking. This generally occurs in two situations: The ALJ finds the claimant disabled, but the disability started at a different later date or The ALJ finds the claimant disabled, but they have medically improved. In the second scenario, the individual will receive benefits only for what we call a closed period of disability.
What Happens After A Favorable Decision
Even after an administrative judge has determined that you qualify for Social Security Disability benefits, the process is not complete.
At Crowe & Shanahan in St. Louis, our Social Security benefits lawyers will explain to you what happens after a favorable decision, helping you navigate the process.
To discuss what happens after a favorable decision, contact us online or call us at or toll free at .
You May Like: How To Add Dependant To Va Disability
What Is A Fully Favorable Social Security Disability Decision
For anyone who has become disabled and is therefore unable to work, the wait on approval for social security disability benefits can be difficult. Individuals in this situation are often living on very limited or no income due to their situation, so being approved for benefits can mean all the difference.
Following the Social Security Administration hearing, the judge will make a decision on the benefits application. If someone is approved, there are still several ways that the disability may be approved. The approval will either be a fully favorable social security disability decision or a partially favorable social security disability decision.
Im Approved For Disability Now What
After you have gone through the lengthy process of applying for Social Security Disability benefits, you might think that as soon as you are approved you will see a check in the mailbox. It could be great if it were that easy!
After the Social Security Administration makes their decision, they will issue and mail a letter. Your online account will also tell you the decision so its important to check that frequently. The letter will usually tell you the conditions you were approved for and how often you can expect medical reviews of your disability. The letter should also list your Established Onset Date. This is the date Social Security decided you became disabled. This date may or may not be the same date you think you became disabled. If the onset date they choose is the same onset date you asked for, this is called fully favorable. If it is a different date, this is called partially favorable.
In addition to the decision letter, you will also receive a letter informing you of your monthly award amount and if applicable, your back-pay amount. You can receive your payment via direct deposit if you have a bank account or onto a payment card which works like a debit card. You can usually expect your back pay and first monthly check to start 30-90 days after the award letter.
You May Like: Can You Gross Up Va Disability Income