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|What is a "Partially Favorable" Decision in a Social Security Disability Case?|
|Written by Timothy Klob|
|Tuesday, August 09 2011 00:00|
When a decision is issued in a Social Security Disability claim at the hearing level, there are three types of decisions that can be issued - Fully Favorable, Partially Favorable, and Unfavorable. A "Partially Favorable" Decision in a Social Security claim is a decision at the hearing level where an Administrative Law Judge (or Senior Attorney if the decision is issued by a Senior Attorney prior to assignment of the claim to an Administrative Law Judge) issues a favorable decision where the claimant is awarded some benefits, but not the maximum allowable benefits which are sought by the claimant in their initial application for benefits. The most common situation where a Partially Favorable Decision is issued is where the Administrative Law Judge determines that the claimant is disabled and should be awarded benefits, but that benefits should be awarded as of a later date than the alleged onset date of disability proposed by the claimant. In many cases where a Partiallly Favorable Decision is issued, the Administrative Law Judge may determine that the claimant's medical condition worsened as of a specific date after the date when the claimant initially became unable to work or when the claimant initially alleged disability, and the Administrative Law Judge will thereby issue a favorable award with an amended onset date. In other cases where a Partially Favorable Decision is issued, the Administrative Law Judge may determine that a claimant is entitled to a closed period of benefits instead of an ongoing period of benefits, based on situations where the claimant may have attempted to work for a period of time since their disability, or in situations where the claimant's condition may have improved to the point where they have returned to work but where they are still entitled to benefits during a closed period for which they were previously disabled. While our past track record at the Klob Law Firm has seen the majority of our Social Security Disability clients receive Fully Favorable Decisions at or before the hearing level, there are rare occasions where a Partially Favorable Decision will be issued, and we always recommend that our clients discuss the implications of a Partially Favorable Decision with us in order to determine whether they should appeal a Partially Favorable Decision in light of the risks filing such an appeal could have on their receipt of past and future benefits.
Copyright 09 August 2011 by Klob Law Firm (All Rights Reserved)
|Last Updated on Monday, December 10 2012 12:27|