You and your attorney have worked tirelessly to get a disability claim approved. You have a hearing and finally the judge sends you a formal decision notice in the mail. The first line of the notice--near the top of the page--in large bold type--tells you everything you need to know.
The decision letter will say one of the following in large, bold type:
NOTICE OF DECISION - FULLY FAVORABLE
NOTICE OF DECISION - PARTIALLY FAVORABLE
NOTICE OF DECISION - UNFAVORABLE
Looking at these types of decision generically (I can't see your decision, obviously) - here's what they usually mean:
FULLY FAVORABLE: the judge awarded benefits according to your application with no material changes. You will be entitled to full benefits, including back pay, according to the regulations. In other words, the judge approved your claim with no material changes and gave you everything you asked for within the limits of the regulations. This is, of course, the BEST decision.
PARTIALLY FAVORABLE - You have been found disabled but something about your application was changed or amended which makes the decision less than fully favorable to you. Nearly always, this means that the judge found that you became disabled at a date later than your alleged onset date (AOD). This usually has two negative consequences:- It may reduce the amount of your back pay because the disability period will be shorter.
- You will wait longer for Medicare eligibility, since there is a 24 month waiting period for Medicare.
UNFAVORABLE - The judge found that you have not been disabled for any period and are not entitled to any benefit under this claim. This ends your claim unless you file an appeal.
WHO CAN APPEAL?
Everyone has the right to appeal a partially favorable decision or an unfavorable decision. The purpose of the appeal is to get a better decision that can pay more benefits. It should be noted that an appeal places the entire decision back under review. You cannot appeal just part of a decision. For example, let's say you claim that your disability began 08/01/2019, but the judge amended the onset date to 02/22/2020. In effect, this reduces your back pay by 6 months. You cannot appeal just the onset date. When you appeal, the entire decision goes under review. It is possible that the new decision could be even less favorable, including the loss of all benefits.
So, talk to your legal representative and listen carefully before deciding whether an appeal is advisable. Of course, if you got an Unfavorable decision, there is nothing to risk with an appeal.
You and your attorney have worked tirelessly to get a disability claim approved. You have a hearing and finally the judge sends you a formal decision notice in the mail. The first line of the notice--near the top of the page--in large bold type--tells you everything you need to know.
You and your attorney have worked tirelessly to get a disability claim approved. You have a hearing and finally the judge sends you a formal decision notice in the mail. The first line of the notice--near the top of the page--in large bold type--tells you everything you need to know.
The decision letter will say one of the following in large, bold type:
NOTICE OF DECISION - FULLY FAVORABLE
NOTICE OF DECISION - PARTIALLY FAVORABLE
NOTICE OF DECISION - UNFAVORABLE
Looking at these types of decision generically (I can't see your decision, obviously) - here's what they usually mean:
FULLY FAVORABLE: the judge awarded benefits according to your application with no material changes. You will be entitled to full benefits, including back pay, according to the regulations. In other words, the judge approved your claim with no material changes and gave you everything you asked for within the limits of the regulations. This is, of course, the BEST decision.
PARTIALLY FAVORABLE - You have been found disabled but something about your application was changed or amended which makes the decision less than fully favorable to you. Nearly always, this means that the judge found that you became disabled at a date later than your alleged onset date (AOD). This usually has two negative consequences:
- It may reduce the amount of your back pay because the disability period will be shorter.
- You will wait longer for Medicare eligibility, since there is a 24 month waiting period for Medicare.
UNFAVORABLE - The judge found that you have not been disabled for any period and are not entitled to any benefit under this claim. This ends your claim unless you file an appeal.
WHO CAN APPEAL?
Everyone has the right to appeal a partially favorable decision or an unfavorable decision. The purpose of the appeal is to get a better decision that can pay more benefits. It should be noted that an appeal places the entire decision back under review. You cannot appeal just part of a decision. For example, let's say you claim that your disability began 08/01/2019, but the judge amended the onset date to 02/22/2020. In effect, this reduces your back pay by 6 months. You cannot appeal just the onset date. When you appeal, the entire decision goes under review. It is possible that the new decision could be even less favorable, including the loss of all benefits.
So, talk to your legal representative and listen carefully before deciding whether an appeal is advisable. Of course, if you got an Unfavorable decision, there is nothing to risk with an appeal.
The decision letter will say one of the following in large, bold type:
NOTICE OF DECISION - FULLY FAVORABLE
NOTICE OF DECISION - PARTIALLY FAVORABLE
NOTICE OF DECISION - UNFAVORABLE
Looking at these types of decision generically (I can't see your decision, obviously) - here's what they usually mean:
FULLY FAVORABLE: the judge awarded benefits according to your application with no material changes. You will be entitled to full benefits, including back pay, according to the regulations. In other words, the judge approved your claim with no material changes and gave you everything you asked for within the limits of the regulations. This is, of course, the BEST decision.
PARTIALLY FAVORABLE - You have been found disabled but something about your application was changed or amended which makes the decision less than fully favorable to you. Nearly always, this means that the judge found that you became disabled at a date later than your alleged onset date (AOD). This usually has two negative consequences:
- It may reduce the amount of your back pay because the disability period will be shorter.
- You will wait longer for Medicare eligibility, since there is a 24 month waiting period for Medicare.
UNFAVORABLE - The judge found that you have not been disabled for any period and are not entitled to any benefit under this claim. This ends your claim unless you file an appeal.
WHO CAN APPEAL?
Everyone has the right to appeal a partially favorable decision or an unfavorable decision. The purpose of the appeal is to get a better decision that can pay more benefits. It should be noted that an appeal places the entire decision back under review. You cannot appeal just part of a decision. For example, let's say you claim that your disability began 08/01/2019, but the judge amended the onset date to 02/22/2020. In effect, this reduces your back pay by 6 months. You cannot appeal just the onset date. When you appeal, the entire decision goes under review. It is possible that the new decision could be even less favorable, including the loss of all benefits.
So, talk to your legal representative and listen carefully before deciding whether an appeal is advisable. Of course, if you got an Unfavorable decision, there is nothing to risk with an appeal.
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