The State agency regularly issues partially favorable decisions (“PFD”) when making initial determinations on Social Security Disability (“SSD”) applications. A PFD should almost always be appealed as this could result in the receipt of substantial additional benefits.
The first step in appealing a PFD is to review the documents in the eFolder to see if there is one that explains why a later onset date was chosen. Many times it seems that there is absolutely no reason for the delayed onset date. Sometimes there is no document in the eFolder that provides a reason why the State agency issued the PFD. Sometimes, a specific explanation is provided.
I represent a former carpenter with hand and knee impairments. The State agency issued a PFD based on the claimant turning 55 under the“Grid” rules, instead of when he alleged he became disabled while he was 54 years old. I appealed. At the claimant’s hearing, I questioned him in detail about the treatment records for the 10 month period prior to the PFD. After about 25 minutes, before I could complete the examination, the ALJ agreed that I had established the claimant was disabled from work during that 10 month period. The result was that the claimant will receive nearly an additional year of SSD benefits.Previous Next
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