Thursday, September 12, 2019

YOU CANNOT BE PARTIALLY DISABLED

Unlike some government agencies, Social Security does not recognize a partial disability.  Whereas the Veterans Administration may award a 40 percent disability or a 10 percent disability, Social Security only recognizes total disability.  You are either disabled or not--nowhere in between.  

It's confusing because Social Security will sometimes issue a "Partially Favorable Decision."  This is not a partial disability.  It is the decision that is partially favorable, not the disability or the benefit. 

Usually a partially favorable decision means that the onset date has been changed.  The claimant alleged to have become disabled on a certain date; however, Social Security disagrees with the date and agrees to pay benefits at a later date.  This causes a reduction in back pay and is not fully favorable to the claimant, hence the decision is partially favorable.

For example, I claim in my application that I became disabled on June 1, 2018.  I want to be paid back to that date.  However, Social Security finds that I did not become disabled until December 1, 2018 and they only pay me back to that date.  Thus, I have lost 6 months of back pay.  So, while I am fully disabled, I receive less back pay than I wanted.  Thus, the decision is only partially favorable to me.  (It would have been fully favorable if they had paid me back to June 1, as I requested).

Social Security disability is a complicated concept, replete with thousands of rules, regulations, stipulations, court decisions, precedents, laws and judicial notices.  To help wade through all of this stuff, most claimants hire an attorney or "representative" to represent them.  

Our office will provide a free consultation and case review.  We never ask you to pay a fee unless you win and recover back pay.
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The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
Call us:  (256) 799-0297

E-mail us:  forsythefirm@gmail.com

SOCIAL SECURITY JUSTICE STARTS HERE 

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