Monday, March 2, 2020

WHAT'S A PARTIALLY FAVORABLE DECISION?

When there are disagreements about when your disability began, or how long it is expected to last, you may find yourself receiving what is known as a partially favorable decision. But what exactly does that mean? 

There are two different types of partially favorable decisions.

The first type is for a closed period.  This means that Social Security found that you were disabled for a period of time, but your disability has ended.  So has your eligibility to receive benefits.  For example, Social Security finds that you became disabled on 6/1/17 and your disability ended on 11/30/19 due to medical improvement.  So, you would be eligible for benefits only for that closed period between 6/1/17 and 11/30/19 (minus the waiting period).  There will be no future or ongoing benefits.

The second type is a finding of disability with a later starting date than you applied for.  This case will pay ongoing benefits, but starting at a later date than the application requested.  For example, your applications states that you became disabled on 6/1/17.  Decision makers find that you did not become disabled until  5/13/18.  So, you will be paid benefits beginning on 5/13/18 (minus the waiting period).  There are two effects of this partially favorable decision:

  • Your back pay will be reduced.
  • Your Medicare eligibility date will be postponed*

Partially favorable decisions are subject to appeal, if you choose to file one.  You should keep in mind, however, that the entire decision goes under appeal, not just the part you disagree with.  For example, you may only disagree with the date of onset of disability.  You cannot appeal just the onset date.  When you file an appeal, the entire decision goes under review.  The new decision may be more favorable, less favorable or the same as the original decision.

Note on Medicare:  You become eligible for Medicare 29 months after your onset of disability.  If the onset date is moved forward, the Medicare coverage is also moved forward.






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