“What happens if I get a partially favorable decision from the judge in my Social Security Disability case? Can I hire a lawyer to appeal a partially favorable decision?”
Can I hire a lawyer to appeal a partially favorable decision?
A partially favorable decision means that a judge has said “I agree. You meet the definition of disabled, but I don’t agree with the date that you said that you could no longer work. I think that the date was later than the date that you gave me.” This has happened several times in cases of ours, and it can be a large factor in determining what set of rules that your judge follows in regards to your case. For example, if you are an older candidate, the judge may rule that you did not actually become disabled until after your 55th birthday, meaning that different rules apply.
So, what are your options? Well, you can certainly accept that position, or you can think about filing an appeal. However, you have to remember that there are risks involved with attempting to appeal your case. When you appeal a decision in a Social Security disability case, that decision gets reopened in its entirety. So even if you say in your appeal that you are only looking to appeal the onset date that the judge has determined for your case, they will reopen your entire case.
There have been instances where at the appellate level, they determine that not only is your claim for your onset date disagreeable, but your claim for disability is also disagreeable as well. Your entire case could be overturned and you may end up with no disability benefits. That being said, it is essential that you and your lawyer properly and thoroughly examine all of the risks associated with appealing as it pertains to the specifics of your case.
About Disability Associates
Our team at Disability Associates views our clients as more than just another case. We build genuine relationships with each and every one of our clients to ensure that they are comfortable during this stressful time. We value honesty, good communication, and compassion, and implement these values with every client we have. In building these relationships, our clients trust that we will provide competent representation and will do our best to get them the Social Security benefits they deserve.