TYPES OF DISABILITY DECISIONS ON APPEAL

When you appeal an unfavorable decision on a Social Security disability case, the appeal is handled by the Office of Disability Adjudication and Review, ODAR for short.

Most appeals will end up at a hearing before a US administrative law judge (ALJ).  A few cases may be selected for fully favorable decisions without a hearing.  This would occur when the ALJ or his/her attorney advisor reviews the file and finds that a favorable decision can be made without a hearing.

As I have stated, most cases will go to the hearing phase.  After the hearing, the judge may issue one of three decisions:

1)  The decision may be fully favorable.  This means that the ALJ agrees with the claimant about the date disability began and payments will be made accordingly.
2)  The decision may be partially favorable.  That means that the ALJ agrees that the claimant is disabled and is due benefits; however, the onset date of disability has been changed, resulting in a lower amount of back pay, or perhaps no back pay at all.  (This decision can be appealed).  Partially favorable decisions are not as common as fully favorable decisions.
3)  The ALJ may issue an unfavorable decision.  This means that the entire claim has been denied and no benefits will be paid.  (This, of course, may be appealed).

Award (approval) rates vary from state to state, from office to office and from judge to judge.  It is generally accepted that professional representation increases the odds of receiving a fully favorable decision on the hearing level.  You cannot be charged a fee by your representative unless you are awarded back pay or retroactive benefits.  Unsuccessful cases do not qualify for fees.
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Charles W. Forsythe, MS
www.Get-SS.com
(256) 799-0297   Toll Free 1-855-854-CASH

No Fee Unless We Win Your Case
 
Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits.   To be eligible for disability benefits, individuals must be unable to engage in "substantial gainful activity" because of a medically determinable physical or mental impairment which can be expected to result in death or has lasted for at least 12 months. NOSSCR members represent these individuals with disabilities in legal proceedings before the Social Security Administration and in federal court.
 

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