Receiving a fully favorable disability decision is the goal of all Oregon residents when they file for Social Security Disability Insurance (SSDI). However, there is also the risk of receiving a partially favorable disability decision. Understanding what a favorable vs partially favorable decision looks like and what your options are can help you get the benefits you deserve when moving forward.
Whether you are planning on filing for disability or have already done so, it’s always a good idea to get the help of a Social Security attorney in Oregon. Drew L. Johnson, P.C. Attorneys At Law, will help you understand what your disability decision means and can help you appeal this decision if it isn’t entirely favorable.
What Is a Fully Favorable Decision?
Understandably, the goal for Oregon residents when they apply for SSDI is to receive a fully favorable disability decision from the SSA. This is the best possible outcome as it grants you access to the most benefits.
So, if you get a fully favorable decision, this means that they agreed with your claim in its entirety. SSA agrees on the onset date of your disability and your disability status, allowing you access to the maximum amount of backpay and monthly benefits.
Not only is a fully favorable disability decision the best outcome financially, but it also results in faster access to your benefits since you won’t have to take any additional legal steps.
What Is a Partially Favorable Decision?
On the other hand, if you receive a partially favorable disability decision, this can be a bit confusing. This isn’t the same as an unfavorable decision, which is usually the case if SSA denies your claim altogether.
When you receive a partially favorable decision, this means that the judge has approved your claim, but there are modifications to the details you provided. In most cases, this regards a later onset date, which negatively impacts the amount of backpay you can expect to receive.
Why You May Have Received a Partially Favorable Decision
If you filed a strong disability claim in Oregon but still received a partially favorable decision, you may not understand why. Unfortunately, this isn’t uncommon and can significantly impact your ability to receive the compensation you need.
Here are two of the most common examples of why an Oregon resident may receive a partially favorable SSDI decision:
- Onset date issues: Depending on the medical evidence or testimonies provided with your claim, the judge may have decided that your onset date is later than what you alleged.
- Improved condition: If your health changed or improved after filing your claim, you could receive a partially favorable decision. This is the case if the judge decides to limit your benefits to a specific time period.
Can You Appeal a Partially Favorable Decision?
Especially in Oregon, the amount of disability you can receive varies significantly depending on the program you qualify for and your unique situation. And how much you can expect in backpay will be impacted by whether or not you receive a fully or partially favorable decision from the judge. But the good news is that even if you have received a partially favorable decision, you have the option of appealing.
If you do not agree with the decision you receive for your disability claim, you can request that your claim be reviewed. By appealing this decision, you increase your chances of getting a more favorable decision.
Just keep in mind that there is a deadline for requesting an appeal. So, you will need to appeal within 60 days of receiving the judge’s decision.
You should also get representation from a disability lawyer in Oregon so that you have the best chance of getting a favorable SSDI outcome. Drew L. Johnson, P.C. Attorneys At Law, will help you better understand what your options are and whether or not appealing is the right step to take.
FAQ Section
What is the difference between a fully favorable and a partially favorable decision?
A fully favorable disability decision is when the judge completely agrees with your disability claim. On the other hand, a partially favorable decision is when they approve disability benefits but have made some changes to your claim.
Will I receive backpay with a partially favorable decision?
Yes, but usually your backpay will be decreased, especially if the reason for the partially favorable decision was due to a later assigned onset date.
Can I appeal for an earlier onset date?
Yes. It is possible to appeal for an earlier onset date if you believe this decision was made in error.
How long do I have to appeal a disability decision?
You need to file your appeal within 60 days of receiving the decision. If you don’t act within this timeframe, you risk losing your right to appeal.
Get a Favorable Disability Outcome With a Disability Lawyer in Oregon
When you file a claim for disability, you may receive a partially or fully favorable disability decision from the SSA. Understanding what these outcomes look like is essential for protecting your rights and getting the disability benefits you are entitled to.
At Drew L. Johnson, P.C. Attorneys At Law, we are committed to protecting the rights of our Oregon clients as they navigate the Social Security Disability approval process. If you have any questions about SSDI or need the representation of a lawyer, contact us today at (541)-434-6466 for a free consultation.
