SOCIAL SECURITY HEARING: 3 POSSIBLE DECISIONS
By Charles W. Forsythe at The Forsythe Firm
A Social Security disability hearing lasts 45 to 60 minutes. It is held in a small conference room presided over by an Administrative Law Judge (ALJ). Also present are the claimant, the claimant’s attorney, a court reporter and a vocational witness. These hearings are closed to the public and the record is kept out of public view permanently.
After the hearing, the ALJ will review the hearing record and may review medical evidence. When a decision is made, the ALJ will send the decision to a special department called “Decision Writing.” There, the official decision will be formatted and typed, citing pertinent regulations and rationale for the decision. This procedure can take from 2 weeks to 6 weeks, typically. When the decision is signed by the judge, a copy is mailed to the claimant and to the attorney of record. Your attorney may be able to see the decision even before it arrives in the mail.
There are 3 possible decisions. Each one is explained below:
FULLY FAVORABLE: The judge has approved the application just as it was filed, giving full benefits under the law, including any past due benefits. In other words, the judge did not amend any allegations the claimant made in the application.
PARTIALLY FAVORABLE:: The judge finds the claimant to be disabled but has changed some important aspect of the application. Usually, this mean that the judge does not agree with the alleged onset date for the disability. For example, the claimant may have alleged that his/her disability began on June 1, 2024. But after a review of the medical evidence, the judge may find that the disability did not begin until December 1, 2024. Thus, the claimant loses 6 months of benefits because the disability period starts 6 months later than alleged in the original application. Note: Social Security does not award a benefit for “partial disability.” Here, it is not the disability that is partial, it is the decision because it does not award all the benefits for the period requested.
UNFAVORABLE: This decision is a total rejection of the request for benefits. The judge finds that the claimant does not meet the rules to get any Social Security disability benefit. The appeal is denied again and no benefits are payable.
If you have any questions about a Social Security disability claim or appeal, and you are not already represented by a lawyer*, call the Forsythe Firm in Huntsville to discuss your case. The call is free and we do not charge for consultations.
*If you are already represented by another lawyer or representative, you should speak to him/her about your case. Please do not ask us to respond to your case if you are already represented by another lawyer or representative. We cannot consult on a matter where there is already representation by another lawyer or representative.. Some cases not handled by the Forsythe Firm include:
Continuing Disability Reviews
Overpayment of Benefits
Children's’ Disability Cases
Supplemental Security Income (SSI) cases
Any matter not directly related to Social Security disability
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