As a Cincinnati Social security disability income benefits attorney there is nothing sweeter than getting the Notice of Decision – Fully Favorable. This means that you won you social security application and appeal. It also means that the Administrative Law Judge found my client disabled back in time to the alleged onset date.
Other decisions that you could get from a social security Judge are partially favorable, a closed period, or an outright denial. It’s a cold day when an outright denial happens after a full hearing in front of a Judge. You can appeal to the appeals council , but only a small minority of cases are ever won after that point. If the date last insured is still in play it’s often better to file a new application and hope even stronger evidence comes about.
What Is a Partially Favorable Decision
A partially favorable decision gives you less than what you asked for. This may be a delayed onset date. A later onset date can mean less back benefits. Many do not realize that social security disability benefits are paid at most from one year prior to the application. To get the full benefit of a decision the Judge must go at least 17 months back prior to the application date. The reason for this is that social security disability benefits do not pay for the first 5 months of the disability.
For example let’s assume you stopped working on January 5th, 2012 because of illness. But out of ignorance you did not file your application until March 1st 2014. If the judge found you disabled as of Novemeber 1, 2013 there would be no back benefit. This is because of the no pay rule for the first 5 months. If the judge found you disabled November 1, 2012 You would get paid from March 1st 2013. One full years prior benefits. However if you were found disabled on January 6th , 2012 the day after you stopped working, you still would only get benefits from March 1st 2013. That is because they only pay you for one full year before you apply. So it is critical to file as soon as possible or at least no later that 17 months after your disability started.
What Is a Closed Period of Disability
A closed period of disability is a decision that grants benefits with a beginning date and an ending date. There are no ongoing benefits. Basically the judge is saying you were ill or injured enough to be hurt for one full year or more, but then you improved and were no longer disabled.
Social security is complicated. If you can not work call us right away to find out fast , free and easy if you qualify for disability benefits.
by Anthony Castelli Attorney
8170 corporate Park Drive
Cincinnati, Ohio 45242