Saturday, August 21, 2010

Partially Favorable Decisions

When the Social Security Administration (“SSA”) issues a decision approving Social Security Disability (“SSD”) benefits with an onset date later than the one given by the claimant it is called a partially favorable decision. Many times it seems that there is absolutely no reason for the delayed onset date, and that the SSA is simply trying to avoid having to pay additional benefits.

I represent a former maintenance mechanic who stopped working in April 2009 because of neck, knee and back problems. The SSA initially decided that the claimant became disabled five months later in September 2009. Today, Administrative Law Judge Seymour Rayner agreed that the claimant has been unable to perform any type of work since April 2009. As a result, the claimant should now receive the additional months of SSD benefits.

Claimants should not be satisfied when the State agency or the SSA makes a partially favorable decision. Claimants should promptly appeal such a decision, which might even provide additional benefits, such as child’s benefits, besides the SSD benefits.

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