What if Judge Does Not Put a Review Period on Disability Case
After the Social Security Administration (SSA) decides almost your disability benefits application, yous will receive a Find of Conclusion letter in the mail. If you receive a fully favorable determination, the SSA canonical your application with the onset date of disability that you originally noted. Yous will then showtime receiving disability benefits as soon as your elimination period or waiting period has concluded.
If you received a fully favorable determination, congratulations – you do not need to take any further action. All the same, if you received a partially favorable decision, you may want to consider your options. Our attorneys tin assist you with an entreatment.
What Is the Deviation Between a Fully Favorable and a Partially Favorable Conclusion?
You may receive a partially favorable decision for a couple of reasons. This may happen in the following situations:
The SSA Disagrees About Your Inability Outset Appointment
The SSA may disagree with yous virtually the engagement you claim to be your "inability onset engagement." When you consummate your disability benefits application, the SSA requires that y'all list the date that your inability began. The date y'all write down is the "alleged onset date." If the SSA agrees that the alleged appointment is the date that your disability began, they will issue a fully favorable decision.
On the other hand, if the SSA believes that yous are disabled merely disagrees with you nearly when your disability started, they will issue a partially favorable decision.
For example, if you claimed that your affliction became disabling on Jan 1, merely the SSA believes that your illness did not become severe enough to become disabling until May one, they volition issue a partially favorable decision. You volition receive benefits after the five calendar month waiting period has passed from the May 1 onset date.
The SSA Believes Yous Had a Disability in the Past
The SSA may too issue y'all a partially favorable decision if they believe that you were disabled at ane indicate in the past just that y'all have recovered and are no longer disabled. This is known as an approval for a "closed period of benefits." When this happens, the SSA will pay you a i-time payment instead of ongoing monthly payments.
For a free legal consultation, call 412-661-1400
Should I Appeal a Partially Favorable Decision?
If yous receive a partially favorable decision, this means you will receive less money than yous originally asked for. If the departure in amounts is small, there may exist no reason to appeal the conclusion. However, many partially favorable decisions deprive the applicants of several thousands of dollars.
Yous might desire to consider appealing a partially favorable decision, especially if your benefits will be greatly reduced. When because whether to appeal, it is important to note that you lot cannot limit your appeal to just the part of the decision y'all disagree with. An appeal will let your whole case to be reexamined, and there is a hazard that you will be constitute not disabled for whatsoever menstruum.
If you can bear witness that your inability started on the appointment that y'all claimed or that it is however ongoing, yous would receive the additional benefits that y'all are seeking. Our disability lawyers can help you lot determine whether to file an entreatment of the determination.
What Should I Know About the Appeals Process?
If your claim is denied or if yous receive a partially favorable decision, you can brainstorm the appeals procedure . Depending on the outcome of the review process, you may progress through one or more of the following appeal stages:
Reconsideration
Someone new at the SSA will expect at your merits for a second fourth dimension. During reconsideration, y'all'll receive a totally new review of your claim. The SSA will consider additional documentation you lot provide along with your original awarding.
Hearing
At this phase, an Administrative Law Judge (ALJ) volition review your awarding. This is someone who was not involved with either your initial application or the reconsideration process. These hearings may be conducted either in person or online.
Appeals Council Review
The Appeals Council may decide to review your case or not to proceed. They may not accept the review if they believe that the ALJ'due south conclusion was appropriate. In this case, you can proceed to the next level of appeal.
Federal Courtroom Review
Here, you will file a civil lawsuit in federal court – and you lot may wish to have legal help with this procedure.
Our squad tin help you at every stage of appeal, including representing your interests in courtroom.
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Should I Seek Legal Help with My Claim for Disability Benefits?
Yous could benefit from legal aid at whatsoever bespeak in the disability benefits awarding process, from the initial submission to an entreatment. We can assist you lot:
- Understand why your claim was denied or deemed partially favorable
- Assist you with filing an initial claim
- Review your awarding
- Identify important documentation to submit to the SSA
- Explain what benefits are bachelor to you
- Represent y'all during your appeal and hearings
- Take your case to federal court
Seeking our help may salvage you fourth dimension and energy. We accept more than twoscore years of experience helping applicants seek benefits. We will apply our experience to seek results for you.
Complete a Free Case Evaluation form now
Contact Berger and Green for a Free Instance Review
For assist completing your Social Security Disability application , filing an appeal, or collecting prove for your claim, the disability lawyers at Berger and Green are prepared to assist yous. Nosotros can tell you more about what fully favorable means in a disability case and propose y'all on the appeals process.
Call our squad to learn your options today at (412) 661-1400.
Phone call or text 412-661-1400 or consummate a Free Case Evaluation form
Source: https://www.bergerandgreen.com/faqs/what-does-fully-favorable-mean-in-a-disability-case/
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