What Is a Fully Favorable SSDI Decision?
September 5, 2024
If you apply for Social Security Disability Benefits through the Social Security Administration (SSA) due to a disability, the best outcome is getting an approval. This would mean that the Social Security Administration agrees that you were disabled from your disability benefits application on your alleged onset date.
When you meet the requirements, you can begin receiving disability benefits along with back pay. However, if you are deemed partially favorable or unfavorable from your initial application, you’ll need to take additional steps to attempt a fully favorable decision.
Pisegna & Zimmerman Attorneys at Law has expertise in Social Security Disability claims and can provide assistance in obtaining a fully favorable decision for disability benefits through comprehensive legal support and advocacy. In this blog post, we address what constitutes a fully favorable decision on disability benefits and answer the most common questions regarding Social Security disability.
What Is Considered a Fully Favorable Decision from the Social Security Administration (SSA)?
Social Security requires you to have a disabling condition from an injury or disease that prevents substantial gainful activity for a minimum of one year to qualify for Social Security Disability Insurance or SSDI disability benefits.
When it issues a fully favorable decision, this means that it agrees that your medical condition qualifies you and that your disability began on the disability onset date provided on your initial application. Naturally, this would be the best news to receive as you’ll soon begin to receive SSDI benefits after the mandatory waiting period, also known as the elimination period.
However, not everyone that applies for SSDI benefits will get a fully favorable decision. In fact, most people wind up receiving partially favorable decisions. Even worse, they may receive an unfavorable decision, which means they would need to go through the appeals process to try to change the ruling by stating their case in front of an administrative law judge.
Understanding the Difference Between a Fully Favorable Decision and a Partially Favorable Decision
While your ideal ruling would be to receive a fully favorable decision from the start, Social Security Disability Insurance may issue a partially favorable decision. With a partially favorable decision, the SSA may believe that you did have a disability but you are no longer disabled. It may find that while your disability began on the date you claim, you may now be able to work and do not need Social Security disability because of your current disability status. If the SSA believes that your condition doesn’t prevent you from working, you will likely receive a partially favorable ruling.
Another reason a partially favorable decision may be issued for Social Security disability is that your alleged onset date may be contested. You can only apply for your disability onset date when the condition has prevented you from working for five full months. After this waiting period, you can seek back pay from the onset date, allowing you to claim 12 months of retroactive wages. With a partially favorable decision due to issues with the onset date, you may not be able to receive benefits for that time period.
How Does This Decision Affect Disability Benefits?
Your benefits from the SSA are computed based on the work credits you earned from the taxes on your wages when you were working. The longer you worked, the more you have paid into this system, which means you’ll get higher payments. You must have a continuing disability review if you are approved, which requires you to provide documentation that you still qualify for the benefits.
If the SSA agrees that your condition meets its requirements and issues its decision as fully favorable rather than partially favorable, you will receive benefits along with retroactive wages to the maximum available based on your disability benefits application.
However, if the decision is only partially favorable, you will be denied back pay or a closed period of benefits on your SSDI claim. Your disability benefits application may also be completely denied, which would mean that you would not be eligible to receive Social Security disability. This decision can be brought for an appeals council review where you would undergo the appeal process.
Keep in mind that from the benefits application onward, the process for a disability case can be very complicated. You’ll have a better chance and avoid many of the common obstacles when you work with an SSDI lawyer.
Social Security Disability FAQ
Not everyone gets a fully favorable result on their benefits application after the waiting period. You likely have many questions about how you can get benefits pay for your disability.
Should You Appeal the Decision on your Disability Case?
If you were not issued a fully favorable decision but you meet the qualifications, you have a few options. You can opt to appeal a partially favorable ruling by trying to collect more back pay or get a one-time payment. Either way, an appeal requires a review of your claim and the SSA may still not find you disabled.
An appeal may be worth it if you can get significantly more benefits, or if you have additional evidence to confirm your qualifying condition. Even if you are rejected again, there is a final appeals phase where you can have a federal court review, which is a civil case that is filed in federal court. It is ill-advised to attempt to make appeals on your own without legal representation, so if you decide to take further action, hire a disability attorney.
Can You Get Supplemental Security Income (SSI) with Social Security Disability Benefits?
Yes, you can still get Supplemental Security Income (SSI) even if you receive SSDI. However, SSI payments are only issued to those who meet specific requirements – being over 65, disabled or blind, and with low income. SSI benefits are for those with a financial need and are not based on work credits or work history.
If you receive a fully favorable ruling for SSDI, it may impact your payments for SSI. Your living arrangements and marital status may also impact your SSI eligibility. Speak with an attorney about your specific circumstances.
Do You Need a Disability Lawyer for a Disability Case?
While it is possible to achieve a fully favorable ruling on your own, most people find that after the waiting period, they struggle to get their benefits. The decisions may be impacted by a dispute with the start date or the SSA may not have enough evidence to be convinced that you have been disabled for a minimum period of one year.
No attorney can ever guarantee an outcome but one who specializes in Social Security and disability will be a tremendous asset, giving you a better chance of a fully favorable decision. Whether you are just starting your case or you’ve received a partially favorable ruling or a denial, you should take advantage of the free case review offered by Pisegna & Zimmerman Attorneys at Law. This will give you insight into your legal options and help you discover the best way to proceed with your disability case.