TYPES OF DISABILITY DECISIONS

When a claimant appeals a Social Security disability decision to an administrative law judge (ALJ), there are 3 decisions possible:

Unfavorable - means that the judge finds the claimant not to be disabled; therefore, is entitled to no benefits at all.

Fully Favorable - The judge finds the claimant has been disabled from the "alleged onset date" (AOD) and allows payments back to that date - or as far back as Social Security law permits (not more than 12 months prior to the application date).

Partially Favorable - There are two types of "partially favorable" decisions.

• The most common, the ALJ finds the claimant is disabled but moves the alleged onset date forward, in effect, reducing the amount of past due benefits or back pay the claimant will get.
• Another type of "partially favorable" decision would be when the judge finds the claimant disabled for a "closed period."  In other words, the claimant was disabled for a period of time but is no longer disabled.  In this case, the claimant would get a lump sum settlement for his or her past period of disability but no continuing benefits.

Medicare insurance is awarded in most favorable cases - but there is a 24 month waiting period, starting with the first month in which the claimant is eligible to receive a disability payment. The claimant must also wait 5 months after the established onset date (date he is found to be disabled) before becoming eligible for payments.  So, the effective waiting period for Medicare is 29 months from the established onset date.
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The Forsythe Firm handles Social Security disability claims and appeals for individuals in Alabama and Tennessee.  There is no fee unless you obtain a favorable decision and collect back pay benefits.  (256) 799-0297.