Updated: Jul 10, 2019
Fully Favorable Decision
This means we received everything we asked for; that you won your benefits from the date we alleged in your application. A Fully Favorable Decision does not mean you will be paid benefits from the date the Judge found you disabled. This is because (a) in a Social Security Disability case you can only get paid one year back from the date you applied for benefits; and (b) in SSD cases you are not paid for the first 6 months of disability, sometimes called an elimination or waiting period. Even if you do not appeal a favorable decision (and you most likely would not do so), the Appeals Council can review the decision on their own motion. This is very unusual so don't be overly concerned that this will happen.
Partially Favorable Decision
This generally means the Judge found you disabled but not from the date you alleged your disability began. These decisions should be read carefully because you may lose past due benefits you were otherwise entitled to. This type of decision could also just mean the evidence was strong enough at a certain point during your claim and accordingly you will receive less past due benefits. We will review the Partially Favorable Decision to determine if we should appeal. If the result is near to what we were seeking or if the medical evidence is weak, it may be prudent to accept the Partially Favorable Decision.
This is a denial of your claim. An Unfavorable Decision can be appealed to the Appeals Council. The Appeals council will review and remand cases were there (a) is an abuse of discretion; (b) is an error in law; (c) are actions, findings or conclusions by the Judge are not supported by substantial evidence; or (d) is a broad based policy procedural issue that may affect the general public interest. The best course of action may be to appeal or sometimes it is better to simply file a new claim.
When you receive your decision from the judge, please call our office at (212) 766-5800 so that we can discuss next steps.