Thursday, September 29, 2022

What Happens After You Get A Fully Favorable Disability Decision

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Average Va Disability Claim Processing Time In 2021

Once I get a fully favorable decision, how long until I get paid?
  • As of March 2021, the average Fully Developed Claim took 118.4 days from start to finish. COVID has caused some delays. The VA is also updating various DBQs and has delayed some C& P exams.
  • As of December 2020, the average Fully Developed Claim took 117.8 days from start to finish. There has been some delays due to COVID-19.
  • As of July 2020, it took the VA an average of 93.6 days to complete a VA claim. There has been a slight slowdown in VA claims processing due to COVID-19.
  • As of March 2020, it took the VA an average of 79.9 days to complete a VA disability claim from start to finish.
  • In October 2019, it took the VA an average of 94.3 days to complete disability related compensation claims.
  • In October 2018, one year earlier, the average VA claim took 141.2 days from start to finish.
  • This means VA claim adjudicators shaved an average of 46.9 days OFF the total VA claim processing time in one year!

Do NOT submit a Standard Claim unless you have to

If you need help with your VA disability claim, VA disability increase claim, secondary VA claims, service connection, youve been denied VA benefits, or you think you deserve a higher VA disability rating, please complete the free 3-step intake below.

==> VA Claims Insider Elite: www.vaclaimsinsiderelite.com

Oct 2018 Hearing Approved

Dec 20, 2018#412018-12-21T00:22

Dec 22, 2018#422018-12-22T21:37

Dec 22, 2018#432018-12-22T21:42

Dec 22, 2018#442018-12-22T21:47

2018-12-22T21:57

Blufn wrote:In the decision letter they had a form the judge signed for the lawyer to get paid looks like

2018-12-22T21:58

newt0n wrote:At leaSo right about 2 months wait time. That seems to be pretty average from my understanding. I just hope that the holidays doesn’t slow mine down even more. The longer it takes, the more my lawyer takes. We have already won, we know this. He isn’t doing anything further yet he will get 25% of my back-pay from this point until I get my check. That is a healthy chunk of money.

2018-12-22T23:39

Dec 23, 2018#522018-12-23T16:05

Dec 23, 2018#532018-12-23T16:22

Jan 03, 2019#542019-01-03T18:15

2019-01-03T19:14

Jan 03, 2019#562019-01-03T19:42

newt0n wrote: This is essentially what my ALJ did. My only concern here, for your sake, is that no hearing was held at all. My ALJ made me go in and we went on record for like 3 minutes where he stated he was ruling fully favorable etc. I don’t know the rules behind this and I don’t want to scare you but my concern is that he may have dismissed the case. Let us know what happens when you find out. I am still waiting to get my letter with the judges decision . The holidays have surely slowed things down

Jan 16, 2019#732019-01-16T13:41

Appeal Under Review

What Will The Amount Of My Monthly Benefits Be

The amount of your first months benefits is shown in your Social Security file. However, the Social Security Administration may recalculate your benefit amount before it pays you. If the Social Security Administration recalculates, it may come up with a higher benefit amount because, for example, all of your earnings might not have been posted when the original calculation was made. Also, there are cost of living increases that are applied every December.

Also Check: How To Increase Your Va Disability Rating

How To Read And Understand The Initial Determination

After the Disability Determination Services completesits initial review of your application, a letter, which SSA callsa notice, is mailed to you or your representative,if you appointed one, to explain the determination in your case andyour right to appeal.

Initial determinations will include information about whetheror not you have been found disabled. The following are three possibleoutcomes for medical determinations:

  • Fully favorable–means thatSSA has found that you are disabled as of the date you allege yourdisability began. If you are filing for Supplemental Security Income, a finding that your disability began as of the month of yourapplication is a fully favorable determination because SSI paymentscannot begin earlier than the month after the month of your application.

  • Partially favorable–means oneof two things. Either SSA has found that you are currently disabled,but SSA has determined that your disability started sometime afterthe date you said you became disabled, or SSA has determined thatyou were disabled for a specific period in the past but are no longerdisabled.

  • Unfavorable–means that SSA hasfound that you do not meet the requirements for disability benefits.

Last Revised: Jan. 22, 2008

Onset Date And Back Pay

What Happens After A Fully Favorable Disability Decision ...

The date of onset is important in Social Security disability cases since it determines how much in past due benefits, or “back pay,” that a disability claimant will receive.

The date you state on your disability application that you became unable to work is your “alleged onset date,” or AOD. The date the SSA finds you became eligible to receive disability benefits is called the “established onset date” .

Depending on the date of onset, a person could receive several hundred dollars in SSDI back pay or several thousand. Because there can be so much money at stake, the issue of the onset date is a good reason to have legal representation. A knowledgeable and experienced disability lawyer or disability claimant’s representative knows how to argue for the most favorable onset date possible based on the medical evidence.

Learn more about calculating the amount of backpay you may receive.

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I Received A Notice Of Decision Partially Favorable What Does That Mean

There are two types of partially favorable decisions. One is for a closed period of disability. The other is for an alternative disability onset date.

A closed period of disability means the Administrative Law Judge finds that you are disabled for only a certain period of time. You will be paid benefits for this period, but you will not receive any ongoing benefits.

A closed period is beneficial for claimants whose conditions have medically improved to resume working. A Judge may also award a claimant benefits for a closed period of disability if something in their medical evidence refers to medical improvement.

An alternate onset partially favorable decision indicates the Administrative Law Judge does find you disabled but does not think you were disabled as early as you originally alleged. The onset date of your disability will be related to evidence or fact in your record, for example: when you stopped working, were diagnosed with a condition, or received medical treatment.

If you are awarded for a closed period or alternate onset date and disagree with the decision, you do have the option to appeal but there are some risks. Appeals go to the SSA Appeals Council. The Appeals Council could rule in your favor, but they can also put the whole issue of disability back on the table and potentially reverse the Administrative Law Judges favorable decision. At Greeman Toomey, we typically do not file appeals of these decisions or recommend that our clients appeal.

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.

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What Does Notice Of Decision

This is the decision you want.. This is a great decision that finds you disabled as of the onset date you said you became disabled or any date we amend your onset to based on the evidence. You should receive a letter from the payment processing center a few weeks after your decision, and the letter will tell you how much your back benefits are as well as your monthly benefit. You will begin to receive your benefits and probably want to know “How Long Does It Take To Get SSDI Benefits After I Am Approved?

Why Is My Ssdi Back Pay Taking So Long

SS – Partially Favorable Decision

For most disability claimants, it takes many months or even years waiting to get through the Social Security disability system, and by that time, many applicants are in debt. Much of this inconsistency may be due to the fact that SSDI backpay is not processed at the Social Security office where claimants apply.

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Not Listing All Of Your Disabilities

Often, a disabled individual will want to claim disability benefits for a disability. They will even become angry when Social Security asks about other conditions that they feel are unrelated to their claim. They might ask, Why is Social Security asking me about my depression when Im claiming disability due to my heart condition?.

When evaluating a disability claim, the SSA evaluates all conditions to determine if a person is disabled. Usually, the more medical conditions a person has, the more limitations they have. This helps their case since the majority of claims are won based on a combination of impairments.

Remember, the SSAs process is different from the VAs. They determine whether youre disabled or not, rather than awarding benefits for varying degrees of disability. So, you want to list all possible disabilities to support your claim.

What Is The Maximum Back Pay For Disability

4.7/5maximum paymentback pay

Similarly, you may ask, is there a cap on social security disability back pay?

There is no cap or limit on SSI disability back pay. There is no cap on SSI disability back pay. If you are approved for SSI disability benefits. If your back pay is more than three times the maximum SSI monthly benefit amount, your back payment will be paid in installments.

Similarly, how is disability back pay calculated? All SSDI retroactive payments and backpay are paid as one lump sum. For SSI, small amounts of backpay are paid in a lump sum, but larger amounts of backpay are usually split into three payments, six months apart.

Also to know, what is the average back pay for disability?

Backpay in SSI CasesSSI backpay, assuming it is more than a few thousand dollars, is paid in three separate installments, six months apart. Usually, your first two payments will each not exceed three times your monthly SSI benefit

What is the most you can get from Social Security disability?

Get a quick estimate for your monthly Social Security Disability Insurance benefits payment. Earnings from jobs covered by Social Security are used to determine the amount of monthly SSDI benefits payments. Right now, the average for an individual is $1,197, and the maximum is $2,788.

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Comply With Your Medical Treatment

In correlation with the above tip, it is as important to comply with your physicians prescribed medical treatment than it is to have it. In order to win your disability claim, you have to prove that, despite complying with your medical treatment, you are still unable to work.

The point is: are you doing all you can to comply with your doctors prescribed course of treatment?

And despite your compliance, are you still unable to work?

If you disagree with your physicians recommended treatment plan, then you should discuss this with your physician. They can then document this and explore potential treatment alternatives.

Decision Notification Sent Phase

What Does Favorable, Unfavorable Hearing Decision Mean ...

The final step of the VA claim process is where the VA will send you a packet by U.S. mail that includes details of the decision on your claim.

You should receive this in 7 to 10 business days.

You can always call 1-800-827-1000 and ask to speak to a VA representative about your VA disability claim status.

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What Is A Fully Favorable Decision And What Would That Mean For My Ssdi Claim

A fully favorable decision is rendered by an administrative law judge after evaluating a second appeal filed by a SSDI claimant. This means the ALJ has essentially overturned the denial handed down during the first appeal and the claimant will now begin receiving monthly disability benefits. In addition, a fully favorable decision also means the ALJ has determined the onset date of a disabling medical condition included in the claimants original application is correct. In other words, the individual receiving an ALJs fully favorable will receive back pay starting when their medical condition made it impossible for them to work.

Explain Any Earnings After Your Disability Date

Your date of disability, known as your onset date, is the date you are claiming that your disability began. When you have earnings after this date, it can cause a significant delay in the processing of your claim. And in many cases, these earnings can cause your claim to be denied. Earnings do not always result from working. They can also result from other sources such as:

  • Paid Sick Time
  • Long Term Disability
  • Owed Commissions

Its important to remember that if you have earnings after the date you are claiming you became disabled or stopped working, you should proactively clarify the source of the earnings and submit proof of the same.

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What Is The Established Date Of Onset

When a Social Security disability applicant receives a partially favorable decision instead of a fully favorable decision, the reason usually involves the established date of onset . EOD is a fancy term the SSA uses to refer to the date you became disabled. If you were diagnosed with seizure disorder on March 1, 2017, and the SSA accepts this diagnosis as valid when reviewing your disability claim, your EOD would be March 1, 2017.

Step #: Va Gathering Of Evidence Phase

SS – Fully Favorable Decision

In Step 3, the VSR will do three things:

  • Ask for evidence from you, health care providers, governmental agencies, or others
  • Review the evidence
  • Move the claim to an RVSR for decision

****If the VA needs more evidence during this phase, your claim may return to this step more than once. This is very common to see your VA claim move back and forth between phases. No need to worry!

This step normally takes around 30-60 business days.

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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.

Dont Choose A Disability Date Before You Stop Working

Selecting your onset date of disability is a key factor in proving your disability claim. Multiple factors need to be considered when selecting a date and one that can be proven. This is not a cut and dry decision. However, what is true in most cases is that if you select a disability date prior to the date you stopped working full time, your claim will be delayed and most likely denied

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Attorney Fernando Narvaez Describes What Happens After A Favorable Decision

If you have already endured the stress of an administrative law hearing, you may be very relieved to receive whats known as a favorable decision from the administrative law judge. A favorable decision may be total or partial, and there may be conditions or back-pay applicable to your particular case. If you received a favorable decision, speaking with an SSD/SSI lawyer is often a good first step to take to better help you understand the contents of the letter, as well as whether you are entitled to additional payments missed as a result of the Social Security Administrations wrongful initial denial of your claims.

Understanding the Onset Date

A favorable decision from the Social Security Administration means you have been deemed eligible under the regulations for disability payments. The amount of disability you will receive is dependent upon the amount you were earning prior to incurring a disabling condition, which will vary depending upon the nature of your employment. Regardless, the SSA must begin paying your benefits from your onset date forward which may be a date well in the past, particularly if you have been battling for many months to obtain an approval.

Contact Attorney Fernando Narvaez Today!

Requesting An Otr Decision

What Does a Partially Favorable Decision Mean?

If you have submitted enough medical evidence to clearly show that you are disabled, you can request an “on the record” review rather than waiting for an appeal hearing. An administrative law judge will make an OTR decision if your file contains enough evidence to show that you are disabled, and there is no need for testimony from you or from a vocational expert that might come in at a hearing. An OTR decision allows you to skip the ALJ hearing and the delay that comes with waiting for a hearing.

To request an OTR review, you contact the Office of Hearing Operations nearest you, but you need to wait until after you have appealed a denial and requested a hearing. OHO will review your request and will either grant it, deny it, or ask you or your attorney for more information. If OHO grants your request for an OTR decision, an ALJ will issue a written decision approving your disability application. If it denies your request, your application will proceed on to the ALJ hearing.

Note that unless you have a disability lawyer, you cannot negotiate with Social Security over your disability onset date, so if the judge wants to approve you for disability but move your onset date , you’ll need to wait for your hearing.

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