Saturday, January 5, 2019

SOCIAL SECURITY DISABIILTY: PARTIALLY FAVORABLE DECISIONS

"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



 

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