Tucson Social Security Disability Blog

What Is A Partially Favorable Decision?

Posted by John Kuhnlein | Apr 05, 2017 | 0 Comments

Most people waiting to hear from the judge after their hearings expect that the judge will either approve them (fully favorable) or deny them (unfavorable.) But there is another possibility.  A judge could find in your favor but not agree with you about when your disability began. In that case, you get a partially favorable decision.

Many Reasons For A Partially Favorable Decision

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How's Half A Loaf Taste?

There are numerous reasons why a judge would issue a partially favorable decision. Almost always, though, the issue is when your disability began.  When some claimants first apply for disability, they list the date of the onset of their disability ten or more years in the past. Unless there is some very compelling medical evidence from that time, a judge is very unlikely to go back that far.  If a judge decides you recently became disabled she will find partially in your favor.  

Age Can Be A Factor

Even if you claimed on onset date within the past few years, the judge could still think a different date is more appropriate.  In some instances, this is because a person has aged into a new disability category. You could become disabled on your 55th birthday, to use an example.  Other times there could be a significant event, such as an accident or a surgery, that forms a more natural starting date for disability.

Generally, judges will ask claimants during the hearing if they wish to change their onset to match what the judge

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King Solomon? Who's That?

believes is the correct date. If the claimant agrees and does change the onset date, the judge's decision is now a fully favorable one. This is because the onset date matches with what the judge agrees is the start of the disability. 

Note, too, that a partially-favorable decision will only affect back benefits.  Even a partially favorable decision means you are disabled and entitled to ongoing benefits.  Where this gets tricky is if the judge's onset date is after your date last insured. That is a topic for another blog post.

You Can Appeal, But Be Wary

If you receive a partially favorable you can appeal. I rarely recommend people doing this, though. If you appeal, you put the issue of your disability into play from the beginning. A judge hearing your appeal could decide you were never disabled. That means having to pay back all the benefits you ever received.  That is a risk generally not worth taking.

If you have questions about this or anything else, please let me know. 

About the Author

John Kuhnlein

Since 1992, I have been helping the people of Southern Arizona get the benefits they are due. Before devoting all my efforts to assisting people with Social Security disability claims, I also handled such complex lawsuits as medical malpractice and products liability. I brought to my Social Security cases all the skills and attention to detail that I developed in the courtroom. I approach each Social Security disability case as if it were a million-dollar lawsuit. For the people trying to get Social Security benefits, their claim is every bit as important. Because I have personally handled so many Social Security cases, I have refined the skills I need to win your case for you. I have helped people win cases for every kind of ailment from arthritis to valley fever. At present, I am focused on helping those persons with neurological and orthopedic disorders. Because claims for people over age fifty bring additional complications, I particularly seek out those cases to work on. I regularly write about back and spine conditions on my blog. I actively seek out the latest information about orthopedic and neurological disorders to ensure I can represent my clients as effectively as possible. Because of my current focus, I regret that I am not able to take any cases for mental disorders. If you are over age fifty and suffer from any orthopedic or neurological disorder, please contact me at once.

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John Kuhnlein has been assisting people with Social Security disability claims for the past 20 years.

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