The Decision: Possible Outcomes and Options

Often times after a Social Security disability hearing, the judge will take the case under advisement. What this means is the judge wants the opportunity to review the medical records as well as the testimony taken at the hearing before he/she makes their decision regarding disability. There are three basic outcomes of any decision: 1) fully favorable, 2) partially favorable, and 3) unfavorable. If and individual has received a fully favorable decision this means they have been awarded the full benefits which they applied for! The individual will receive any backpay they are eligible for as well ongoing monthly benefits. If an individual has been awarded a partially favorable decision, this means the judge has either found them disabled at a different date then their alleged onset date or the judge may have awarded them a period of closed benefits. For example, the judge may have found the individual disabled as of their 55th birthday. The individual would be entitled to any back pay as of their 50th birthday (if any) as well as ongoing monthly benefits. However, closed period award means the judge found the individual disabled during a period of time. Therefore, the individual would only be entitled to payment during that period of time; they would not be eligible for ongoing monthly benefits. Finally, if an individual receives an unfavorable decision that means they have been denied social security benefits. An individual who has been denied generally has two options which are either appealing the decision or refiling a new application. Please note there are several issues to consider when deciding to appeal or re-file. These issues include whether there are in fact appealable issues in the case, whether there are prior decisions impacting the decision, and whether the date last insured impacts the ability to re-file . Therefore, while an individual may appeal or refile themselves, having an experience attorney is extremely helpful to navigate these issues.