"I have heard that there is no such thing as a partial disability with Social Security. However, I just received a decision that says NOTICE OF DECISION - PARTIALLY FAVORABLE. What does this mean?
You are correct that Social Security does not grant any benefit for a partial disability. A claimant is either disabled or not disabled, nothing between. However, Social Security does issue two types of favorable decisions:
FULLY FAVORABLE - Means that benefits are awarded exactly as applied for in the application with no changes made by decision makers, such as the administrative law judge. This usually involves the date of disability onset, which affects the amount of back pay. For example, you claim that you became disabled on July 10, 2015. Social Security agrees and awards benefits back to that date. Your decision is, therefore, Fully Favorable with no changes.
PARTIALLY FAVORABLE - Means you were found to be disabled, but some fact in the application was changed to make the decision less favorable than the one you wanted. You will get a monthly benefit but some other part of the decision is unfavorable to you. This usually involves a change in the established onset date. For example, you claimed in the application that you became disabled on July 20, 2015 and asked for benefits back to that date. The decision maker found, however, that you did not meet the requirements for disability benefits until January 1, 2017. You get your monthly benefit but your back pay will be reduced because of the later onset date. Therefore, the decision is only partially favorable to you. It gives you part of what you asked for, but not all.
I might emphasize that the claimant in both of these examples is fully disabled. It's not the disability which is partial, it's the decision. In the case of a partially favorable decision, the claimant is fully disabled but the full disability didn't begin on the date that he/she alleged. Because the beginning date (onset) of disability got moved, back pay was reduced. So, it's a full disability but a partially favorable decision. (The monthly benefit is the same in both cases, only the back pay is affected).
SOCIAL SECURITY JUSTICE
HELPING HONEST, HARD WORKING PEOPLE GET THE DISABILITY BENEFITS THEY DESERVE. WE WORK TO GET YOU MAXIMUM BENEFITS AS QUICKLY AS POSSIBLE. Phone (256) 799-0297.
Saturday, January 5, 2019
HOW LONG WILL IT TAKE TO GET A SOCIAL SECURITY DISABIILTY HEARING...?
How long will it take to get a Social Security disability hearing?
Typically, it takes 18 to 24 months from the date you file your appeal/request for hearing. About 25 percent of claims will be approved without an appeal; the other 75 percent must appeal and wait. The wait is due to a huge backlog in the Social Security Administration.
How long will I have to wait for a decision after my hearing has been held?
The wait varies from judge to judge and office to office. 60 to 90 days is common. Fully favorable decisions are the quickest because they are the least complicated to write.
Once I get my favorable decision, how long will I have to wait to get paid?
The time varies. Most people wait 30 to 45 more days to receive their first check. Back pay may take even longer. If a Supplemental Security Income (SSI) claim was also filed, the wait will be longer because the SSI paperwork must be processed first and that requires an interview with the claimant.
Can I receive any emergency benefits while I wait for Social Security to decide my case or to pay me?
No. Unfortunately, Social Security has one speed for almost everyone and it does not include any special advances or funds to cover emergencies.
Can anything speed up my disability case?
There are three things that might get expedited (faster) processing for a Social Security disability claim:
1) Critical case designation. if the claimant has a terminal illness and is expected to live no more than 12 months, the case may be declared a critical case and acted on more quickly.
(2) Dire Need. If the claimant is homeless and has no way to provide food or shelter. If the claimant needs emergency medical treatment which he/she cannot afford or obtain, Social Security may designate a case as "dire need" and speed up the process.
2) Disabled veterans who have a 100 percent permanent, total VA disability rating may get expedited claim processing with Social Security.
Obviously, there are some things that all applicants should do to avoid needless delays in their claims. Try to file a complete, accurate application--and this applies to all the questionnaires and reports that go with the application. Attend all interviews or examinations as directed. If denied, file an immediate appeal--because hearings are assigned in the order in which appeals were filed.
________
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
"Across From Bridge Street"
CALL (256) 799-0297
Free consultations - We never ask you for money.
SOCIAL SECURITY JUSTICE - WEBSITE
Typically, it takes 18 to 24 months from the date you file your appeal/request for hearing. About 25 percent of claims will be approved without an appeal; the other 75 percent must appeal and wait. The wait is due to a huge backlog in the Social Security Administration.
How long will I have to wait for a decision after my hearing has been held?
The wait varies from judge to judge and office to office. 60 to 90 days is common. Fully favorable decisions are the quickest because they are the least complicated to write.
Once I get my favorable decision, how long will I have to wait to get paid?
The time varies. Most people wait 30 to 45 more days to receive their first check. Back pay may take even longer. If a Supplemental Security Income (SSI) claim was also filed, the wait will be longer because the SSI paperwork must be processed first and that requires an interview with the claimant.
Can I receive any emergency benefits while I wait for Social Security to decide my case or to pay me?
No. Unfortunately, Social Security has one speed for almost everyone and it does not include any special advances or funds to cover emergencies.
Can anything speed up my disability case?
There are three things that might get expedited (faster) processing for a Social Security disability claim:
1) Critical case designation. if the claimant has a terminal illness and is expected to live no more than 12 months, the case may be declared a critical case and acted on more quickly.
(2) Dire Need. If the claimant is homeless and has no way to provide food or shelter. If the claimant needs emergency medical treatment which he/she cannot afford or obtain, Social Security may designate a case as "dire need" and speed up the process.
2) Disabled veterans who have a 100 percent permanent, total VA disability rating may get expedited claim processing with Social Security.
Obviously, there are some things that all applicants should do to avoid needless delays in their claims. Try to file a complete, accurate application--and this applies to all the questionnaires and reports that go with the application. Attend all interviews or examinations as directed. If denied, file an immediate appeal--because hearings are assigned in the order in which appeals were filed.
________
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
"Across From Bridge Street"
CALL (256) 799-0297
Free consultations - We never ask you for money.
SOCIAL SECURITY JUSTICE - WEBSITE
Friday, January 4, 2019
WHAT'S IMPORTANT IN YOUR DISABILITY HEARING (SOCIAL SECURITY)?
There are several important "ingredients" in your Social Security disability hearing--things that will influence your decision (approval/denial). Here is my list of things, the most important being on top:
1. Medical Evidence - The law requires objective medical evidence from doctors, hospitals or other treatment providers. Medical evidence must prove the existence of one or more severe and medically determinable impairments which have lasted at least 12 straight months or are expected to last at least that long OR to end in death. Without medical evidence, there is no hope of getting Social Security disability benefits.
2. Your Age. Persons below age 50 are considered younger individuals. This is the most difficult age for Social Security because younger individuals do not meet any medical-vocational guidelines or 'grid rules' that help get a favorable decision. The standard burden for these individuals is to prove that they are not physically and or mentally able to sustain any full-time job which exists in the national economy. This is the highest burden of all. It gets a little easier at ages 50-54, and easier yet at age 55.
3. Past Relevant Work. Social Security looks at all the full-time jobs you have held in the past 15 years. The crucial question is: "Are you able to perform any of your past relevant jobs?" If the answer is yes, you will be denied. For example, you are 48 years old and you held a full-time job in 2007 as an office manager, which is sedentary work with not much lifting, standing, walking, bending, etc. If Social Security finds that you can still perform this work, your claim is denied.
4. Your education. Education plays a role in whether or not you can meet a medical-vocational guideline or grid rule. Having a high school diploma or GED can sometimes prevent you from meeting a grid rule and therefore cause you to be denied. Also, persons with a lot of education, such as college or a certificate in a skilled trade may have transferable skills to other work which can hurt a disability claim.
There are a great many "cut-and-dried" facts to be considered. As a friend of mine says, "It is what it is." You are a certain age, you held certain jobs, you have a certain amount of education...etc. It can't be changed.
To a certain extent, the medical evidence "is what it is," also. Yet, there is some interpretation involved in medical evidence. Primarily, what limitations are imposed by the medical impairments? For example, if a claimant has asthma, what are the severe symptoms? Shortness of breath on exertion, fatigue, weakness...? What restrictions are caused by the asthma? Inability to stand or walk for prolonged periods? Inability to left, bend or stoop? Need to take frequent rest breaks? Need to use inhalers, nebulizers or other medical intervention frequently? How would a workday be disrupted by the asthma? These questions may not be "cut-and-dried" in the doctor's records, so an interpretation is called for.
In short, does the claimant's documented medical conditions impose such severe functional restrictions that he/she cannot work 8 hours a day, 5 days per week on a regular and consistent basis? If the answer is Yes, Social Security probably will award benefits.
A final question: Does Social Security consider non-exertional limitations, such as depression, anxiety, fatigue, pain, etc.? The answer is, yes. All documented medical impairments are considered.
Exertional activities include such things as sitting, standing, walking, pushing, pulling, and lifting.
Postural activities include such things as stooping, reaching, kneeling, crouching and crawling.
Mental requirements of work include such things as concentration, remembering and understanding simple directions, carrying out directions and completing tasks, interacting appropriately with co-workers, supervisor or the general public.
All of these should be considered by Social Security decision makers. However, there must be medical evidence to support the probability of functional limitations. You can't just claim that you have difficulty remembering or concentrating. You need a doctor, preferably, a licensed psychologist or psychiatrist, to say that.
Here's the take-away: A Social Security claim is a terribly complex legal maneuver. Certain facts have to be proven with objective evidence. Then, certain conclusions must be drawn based on that evidence. The claimant must prove that he/she meets the federal regulations that allow a disability benefit. Telling the judge a good story (even if true) simply won't be enough. "Where's the beef?" is better translated, "Where's the evidence?"
______________
The Forsythe Firm
Social Security Disability Specialists
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297
Free Consultations - Never a Fee Unless You Win!
SOCIAL SECURITY JUSTICE
1. Medical Evidence - The law requires objective medical evidence from doctors, hospitals or other treatment providers. Medical evidence must prove the existence of one or more severe and medically determinable impairments which have lasted at least 12 straight months or are expected to last at least that long OR to end in death. Without medical evidence, there is no hope of getting Social Security disability benefits.
2. Your Age. Persons below age 50 are considered younger individuals. This is the most difficult age for Social Security because younger individuals do not meet any medical-vocational guidelines or 'grid rules' that help get a favorable decision. The standard burden for these individuals is to prove that they are not physically and or mentally able to sustain any full-time job which exists in the national economy. This is the highest burden of all. It gets a little easier at ages 50-54, and easier yet at age 55.
3. Past Relevant Work. Social Security looks at all the full-time jobs you have held in the past 15 years. The crucial question is: "Are you able to perform any of your past relevant jobs?" If the answer is yes, you will be denied. For example, you are 48 years old and you held a full-time job in 2007 as an office manager, which is sedentary work with not much lifting, standing, walking, bending, etc. If Social Security finds that you can still perform this work, your claim is denied.
4. Your education. Education plays a role in whether or not you can meet a medical-vocational guideline or grid rule. Having a high school diploma or GED can sometimes prevent you from meeting a grid rule and therefore cause you to be denied. Also, persons with a lot of education, such as college or a certificate in a skilled trade may have transferable skills to other work which can hurt a disability claim.
There are a great many "cut-and-dried" facts to be considered. As a friend of mine says, "It is what it is." You are a certain age, you held certain jobs, you have a certain amount of education...etc. It can't be changed.
To a certain extent, the medical evidence "is what it is," also. Yet, there is some interpretation involved in medical evidence. Primarily, what limitations are imposed by the medical impairments? For example, if a claimant has asthma, what are the severe symptoms? Shortness of breath on exertion, fatigue, weakness...? What restrictions are caused by the asthma? Inability to stand or walk for prolonged periods? Inability to left, bend or stoop? Need to take frequent rest breaks? Need to use inhalers, nebulizers or other medical intervention frequently? How would a workday be disrupted by the asthma? These questions may not be "cut-and-dried" in the doctor's records, so an interpretation is called for.
In short, does the claimant's documented medical conditions impose such severe functional restrictions that he/she cannot work 8 hours a day, 5 days per week on a regular and consistent basis? If the answer is Yes, Social Security probably will award benefits.
A final question: Does Social Security consider non-exertional limitations, such as depression, anxiety, fatigue, pain, etc.? The answer is, yes. All documented medical impairments are considered.
Exertional activities include such things as sitting, standing, walking, pushing, pulling, and lifting.
Postural activities include such things as stooping, reaching, kneeling, crouching and crawling.
Mental requirements of work include such things as concentration, remembering and understanding simple directions, carrying out directions and completing tasks, interacting appropriately with co-workers, supervisor or the general public.
All of these should be considered by Social Security decision makers. However, there must be medical evidence to support the probability of functional limitations. You can't just claim that you have difficulty remembering or concentrating. You need a doctor, preferably, a licensed psychologist or psychiatrist, to say that.
Here's the take-away: A Social Security claim is a terribly complex legal maneuver. Certain facts have to be proven with objective evidence. Then, certain conclusions must be drawn based on that evidence. The claimant must prove that he/she meets the federal regulations that allow a disability benefit. Telling the judge a good story (even if true) simply won't be enough. "Where's the beef?" is better translated, "Where's the evidence?"
______________
The Forsythe Firm
Social Security Disability Specialists
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297
Free Consultations - Never a Fee Unless You Win!
SOCIAL SECURITY JUSTICE
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