Life After A Claim

Partially Favorable

A partially favorable decision in a Social Security Disability case occurs when the Social Security Administration (SSA) approves your claim for benefits, but not exactly as you requested. This type of decision means that while you are awarded disability benefits, there is a discrepancy regarding key factors such as the onset date of disability or the type of benefits approved. Understanding a partially favorable decision and knowing what to do next can help ensure you receive the benefits you deserve.

1. What Does a Partially Favorable Decision Mean?

In a partially favorable decision, the SSA agrees that you are disabled and entitled to benefits, but there may be differences between what you claimed and what the SSA determined. Here are two common scenarios:

  • Discrepancy in Onset Date: The SSA may determine that your disability began later than the date you claimed in your application. This means you will still receive benefits, but your back pay (retroactive benefits) may be less than expected because the SSA recognized a later onset date for your disability.
  • Difference in Type of Benefits: The SSA may award a different type of benefit than what you applied for. For example, you might be awarded Supplemental Security Income (SSI) instead of Social Security Disability Insurance (SSDI), or vice versa, depending on your work history and eligibility.

2. Why Does the SSA Issue a Partially Favorable Decision?

The SSA may issue a partially favorable decision for a variety of reasons, including:

  • Lack of Sufficient Medical Evidence: If the medical evidence you submitted doesn't clearly establish the exact onset date of your disability, the SSA may set a later date based on the records they have.
  • Work History or Earnings: If you worked after the date you claimed as the onset of your disability, or your earnings indicate that you were capable of Substantial Gainful Activity (SGA) during part of the claimed period, the SSA may adjust the onset date accordingly.
  • Delays in Filing: If your claim for disability was filed significantly after the onset of your condition, the SSA might not award benefits dating back as far as you requested.

3. How a Partially Favorable Decision Affects Your Benefits

Receiving a partially favorable decision will still grant you disability benefits, but it can impact certain aspects of your case:

  • Reduced Back Pay: If the SSA sets a later onset date, your back pay may be lower than expected because you won’t be compensated for the period between the onset date you claimed and the one the SSA recognized.
  • Future Benefits: Your monthly benefit payments will be based on the date the SSA determines as your disability onset date. However, your future benefits won’t necessarily be affected if you remain eligible for ongoing payments.

4. Your Options After a Partially Favorable Decision

After receiving a partially favorable decision, you have two main options:

  • Accept the Decision: If you're satisfied with the decision and the SSA’s determination of the onset date or type of benefits, you can accept the ruling and begin receiving your payments.
  • Appeal the Decision: If you disagree with the partially favorable decision, you have the right to appeal. However, appealing comes with risks, as the SSA could review your entire case and potentially deny your claim altogether.

Considerations for Appealing:

  • Strength of Your Medical Evidence: If you believe your medical records strongly support the onset date you claimed or your eligibility for a different type of benefit, you may have grounds to appeal.
  • Risk of Denial: Keep in mind that appealing could result in the SSA reviewing your case from scratch, which may result in a denial of benefits or further delays.

It’s advisable to consult with a disability attorney before deciding whether to accept or appeal a partially favorable decision.

5. Next Steps After a Partially Favorable Decision

If you decide to accept the partially favorable decision, the SSA will begin processing your payments. Here’s what to expect:

  • Back Pay: You’ll receive your back pay, though it may be reduced based on the later onset date.
  • Ongoing Benefits: Your monthly payments will begin shortly after the decision, based on the date the SSA determined you became disabled.

If you choose to appeal, you’ll need to:

  • File Your Appeal: Appeals must be filed within 60 days of receiving the SSA’s decision. You can file an appeal online, by mail, or in person at your local SSA office.
  • Submit Additional Evidence: Strengthening your case with additional medical records or expert opinions may improve your chances of success on appeal.

Conclusion

A partially favorable Social Security Disability decision means that you’ve been awarded benefits, but there may be discrepancies in the onset date or type of benefits approved. While this is still a positive outcome, it’s important to understand how it affects your payments and to carefully consider whether to accept the decision or appeal it.

Consulting with a disability attorney can help you evaluate the best course of action and ensure that you receive the benefits you deserve.

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