When you apply for Social Security Disability (“SSD”) benefits, the State agency can approve your application, but based on a date after you claimed you became disabled. The result of that partially favorable decision (“PFD”) is that you may lose benefits, and it may take longer for you to receive Medicare .
To decide whether or not to appeal , you must review the entire file. However, frequently the reason why a particular later date was selected for the disability onset cannot be discerned. Regardless, the issue boils down to what changed between the time you claimed you became disabled, and the date you were found to become disabled.
I just received two ALJ decisions that rejected the State agency PFDs. One was a 56 year old former bread machine operator with upper left arm impairments, and the other was a 52 year old former stock clerk with progressive orthopedic injuries from car accidents. The State agency claimed there was no contemporary medical records for either. At their hearings, I showed that there were in fact contemporary medical records for the former, and a valid retrospective medical opinion for the latter.
The ALJ agreed with my arguments, which essentially demonstrated that each claimant’s medical restrictions and limitations had existed since the date that each claimed they had become unable to work. Consequently, the ALJ issued a fully favorable decision for each claimant. The result was that each claimant received in excess of another year of SSD benefits.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou