PARTIALLY FAVORABLE DECISIONS

Social Security issues a partially favorable decision when the onset date is changed from the date alleged in the application, thus reducing the back pay. For example, you claim that you became disabled on 6/1/22 but Social Security finds that you became disabled on 1/31/23. You are disabled, just not on the date you claimed.

There is no such thing as partial disability with Social Security. You are either totally disabled or not disabled at all. The date disability began is the issue in partially favorable decisions.

Can a partially favorable decision be appealed? Yes. You have 60 days to file an appeal. But remember, the entire decision goes under review, not just the onset date. The appeal may give you the same decision, a better decision or a worse decision.

Do you file an appeal? Think carefully about what you have with the current decision. How much do you stand to gain if your appeal is successful? How much do you stand to lose if your appeal goes against you? I sometimes recommend appeal of a partially favorable decision; other times, I recommend the client take the money and walk away. Ultimately, it is the client's choice.