PARTIALLY FAVORABLE DECISIONS ON DISABILITY
You attended a hearing on your Social Security disability claim. A few weeks later, you receive a Notice of Decision in the mail that says you have received a Partially Favorable decision. Does this mean that you are only partially disabled, not fully disabled?
ANSWER: No. Social Security does not make awards for partial disability. You are either disabled or not disabled. There is no such category as "partially disabled" within Social Security law.
A "partially favorable" decision means that the administrative law judge has found you to be disabled. However, he or she has changed some material fact in your application. Most often, this change involves the established onset date--the date you were found to have become disabled. For example, in your application you may have alleged that you became disabled on June 1, 2012. After reviewing the facts of the case, the judge may have decided that you did not become disabled until September 1, 2012. Therefore, he will amended the onset date to September 1, a material change in the application.
This change will affect the amount of your back pay. In short, you will not be paid for the months June - August, 2012, a loss of 3 months of benefits.The amount of your monthly benefit will not be affected. You are still considered disabled, but for not as long a period as you originally claimed. Since you lost part of your period of disability, thus part of your back pay, the decision is partially favorable. In other words, it is not as favorable to you as it would have been if the judge had found that you became disabled in June instead of September.
I often encounter well meaning public officials who believe that a "partially favorable" decision means that the claimant is only "partially disabled." This is not the case because, as I have said, Social Security never makes any award for a "partial disability." You are either disabled or you are not disabled - nothing in between. The date on which you became disabled is an example of why a decision might be "partially favorable.:"
The confusion is complicated by the fact that some agencies, such as the Veterans Administration, do make partial disability awards. A VA claim decision may find that a veteran is 50 percent disabled, or 80 percent disabled, for example. However, Social Security will never make such an award. With Social Security, it is all or none.
ANSWER: No. Social Security does not make awards for partial disability. You are either disabled or not disabled. There is no such category as "partially disabled" within Social Security law.
A "partially favorable" decision means that the administrative law judge has found you to be disabled. However, he or she has changed some material fact in your application. Most often, this change involves the established onset date--the date you were found to have become disabled. For example, in your application you may have alleged that you became disabled on June 1, 2012. After reviewing the facts of the case, the judge may have decided that you did not become disabled until September 1, 2012. Therefore, he will amended the onset date to September 1, a material change in the application.
This change will affect the amount of your back pay. In short, you will not be paid for the months June - August, 2012, a loss of 3 months of benefits.The amount of your monthly benefit will not be affected. You are still considered disabled, but for not as long a period as you originally claimed. Since you lost part of your period of disability, thus part of your back pay, the decision is partially favorable. In other words, it is not as favorable to you as it would have been if the judge had found that you became disabled in June instead of September.
I often encounter well meaning public officials who believe that a "partially favorable" decision means that the claimant is only "partially disabled." This is not the case because, as I have said, Social Security never makes any award for a "partial disability." You are either disabled or you are not disabled - nothing in between. The date on which you became disabled is an example of why a decision might be "partially favorable.:"
The confusion is complicated by the fact that some agencies, such as the Veterans Administration, do make partial disability awards. A VA claim decision may find that a veteran is 50 percent disabled, or 80 percent disabled, for example. However, Social Security will never make such an award. With Social Security, it is all or none.
I recently received a partial disability and was wondering if there are any cases I could refer to?
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