DISABIILTY HEARING DECISIONS EXPLAINED

3 types of decisions are possible following a Social Security disability hearing before an adminstrative law judge (ALJ).

 

Fully favorable - means the judge agrees with all parts of your claim, including the alleged onset date.  Social Security agrees to pay benefits as far back as the law permits.

Partially favorable - means the judge agrees that you are disabled but disagrees with the alleged onset date.  This will reduce or eliminate your back payment, depending on the "established onset date" the judge has chosen.  You will be paid from the new "established onset date."  Keep in mind, there is a 5 months waiting period on all decisions - even fully favorable ones.  5 full months of payments will be subtracted from the established onset date established by the judge.  For example, if your established onset date is March 13, 2014, your "waiting period" will be April - August, 2014.  Your first month eligible for payment would be September, 2014.

Unfavorable - means that the judge has found that you are not disabled and have not been disabled during the period alleged in your claim.  There will be no benefits paid.

All hearing decisions are subject to appeal by the claimant with 60 days after the decision is rendered.  The appeal is made to the Appeals Council.  If appeal is not filed with the Appeals Council within 60 days, then the administrative law judge's decision becomes the final decision.  (A lawsuit may not be filed later in US District Court if the Appeals Council step was not taken within the 60 days allowed).
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For help with any aspect of a Social Security disability hearing, we welcome calls to the Forsythe Firm at (256) 799-0297 or (256) 431-1599.  In the Nashville or Middle TN area, call (615) 732-6159.

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