SSDI Question-“Partially Favorable” Deci... - My MSAA Community

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SSDI Question-“Partially Favorable” Decision

nicoly3467 profile image
12 Replies

After 6 long years, I finally got accepted for SSDI! After 3 denials, I decided to work with an SSDI law firm, which took 2 years. I had a court hearing back in March this year and waited months for an answer. I just found out 2 weeks ago it was approved and I’m SO happy! But just got word this week that I have an appt this Friday to discuss with my SSDI attorney a “Partially Favorable” decision from SSDI Judge. Now what the heck is this? Has anyone been approved for SSDI and is familiar with this term? I got anxietal other day that socially security will take my SSDI payments away at one point, but I don’t think this is the case. I’d appreciate anyone’s help on this so I can sleep better tonight, lol.

Thanks so much! Nikki

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nicoly3467 profile image
nicoly3467
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12 Replies
DM0329 profile image
DM0329

Congrats! :)

nicoly3467 profile image
nicoly3467 in reply toDM0329

Thank you!

jimeka profile image
jimeka

Hi Nikki, how have you been? Been from the U.K. I don’t know anything about SSDI but I hope and pray that it all turns out well in your favour. Take care, Blessings Jimeka 🤗

bxrmom profile image
bxrmom

Congrats on finally get approved! This is what I found for a 'Partially FAvorable SSDI decision':

In a partially favorable decision, you may receive benefits, but the judge sets the Established Onset Date later than the AOD you claimed on your application. This new EOD can actually be much later in some cases.

Another form of partially favorable decision comes when the judge rules that you were disabled at one point in time, but no longer are. You may be able to collect limited benefits, in this case, but only for the period during which you are legally ruled to have been disabled.

Good luck with your meeting, and keep us updated when you can!

palomino27 profile image
palomino27

Probably means they are not going to give you the date you claimed your disability started. This is very common and will reduce the amount of back pay you get, but shouldn't affect your monthly benefits. This happened to me as well. They gave me the option to appeal but my attorney recommended I don't because another judge could possibly, however unlikely, disagree with the whole favorable decision.

rjoneslaw profile image
rjoneslaw

congrads

Smithnova profile image
Smithnova

Sorry your process has taken so long and adds so much stress and anxiety to your day. From what I understand, the previous comments are correct. This typically relates to the fact the judge alters the initial filing date of your claim. However, the claim is typically is approved and your medicare usually is effective immediately. Stay positive, this is hopefully almost over for you and your monthly benefits will begin. Wishing you comfort and fast answers.

MSWarrior36 profile image
MSWarrior36

Genuinely so happy for you. I agree with a couple of answers about what partially favored means. I can't wait until they approve my case, I've gotten denied over and over since 2016. yet I'm still waiting for mine to go through.

hairbrain4 profile image
hairbrain4

I am glad you finally got approved! This is another area that makes me angry. I don't understand why some of us get approved the first time and others like you get denied over and over. It's like a lottery, only so many get picked each year. The severity of the MS disability doesn't seem to matter either. Each state seems to have different rules too. I know I had all my "t's" crossed and "i's" dotted, my doctor's recommendation was very thorough, & I didn't miss or reschedule any tests I had to go through for SSDI. It took a year from start to finish to be approved. It would be nice if there was a standard for applications across the board. Sorry, it took you so long and now you still have to deal with the "Partially" part. Like the others have said it's probably the actual disability date that they are changing, which will only affect any backpay you may have coming to you.

Iona60 profile image
Iona60

So glad that the SSDI is coming through for you. I took me 2 1/2 years from start to finish. When I finally went before the judge, he issued a favorable opinion on the spot. I had such anxiety throughout the whole process.

Sukie427 profile image
Sukie427

I was labor and employment litigator before I got the MS and could no longer multitask so could no longer try cases or even be a lawyer. I went for SSDI and got it on the first try. I hate to tell you, but a lot really depends on who’s desk at Lanzon at the SSA. If you applied online, as most people do, you apply for both SSI and SSDI. The initial SS I is for supplemental income for persons who are low income earners. It may well be that they turned you down for SSI but are giving you SSDI. Unfortunately, I did not deal with this when I was in practice. My husband had a stroke five years before I was diagnosed with MS. I had to get a colleague involved with specialized in Social Security because I knew nothing about it. it was smart of you to get an attorney. Best of luck.

kearnan profile image
kearnan

I "accidentally" wound up in this section but I have metastatic breast cancer but read your question and think I may have the answer. I have stage iv breast cancer which is an automatic approval. I had been diagnosed with stage iii invasive almost a bit of two years when it then changed to stage iv when they found breast cancer cells in my lungs.

I had no idea how to do that paperwork but the nurse navigator at the cancer center took care of it. I had first been diagnosed with stage iii invasive at another hospital but I hated it there, stopped going and started looking for another place. In the short three months, it turned to stage iv.

Anyway, I knew nothing about how it worked but the new cancer center said I would be automatically approved but SSDI (no matter what you have) the first FIVE months are unpaid so count that in. Plus if you worked at any time after you had first applied, they would not count that as you were then "disabled".

Well to my surprise, even though it was over two years when the nurse navigator submitted my SSDI papers (I went through my savings), SSDI not only approved me but they went back the full two years when I was diagnosed with stage iii invasive so they counted NOT from the date I applied but from the first date I was diagnosed with stage iii invasive and they gave me back pay of almost $25,000 after deducting the first five months. I was shocked and grateful bc I had went through all my savings and was in between jobs when diagnosed and had just started going through interviews.

So probably like my friend's husband who had two major heart attacks and was denied twice, they then went to an SSDI lawyer and it had to go to appeals which took almost another year and a half in NY.

He assured them that they would 99% likely receive back pay from the first time he was denied. So my friend and her husband were counting on that since they had no money coming in and went through most of their savings.

Turned out the Judge ruled for him to get SSDI but DENIED him any back pay. So not only did they not get any back pay at all, they also had to pay the SSDI lawyer $6,000.

So I am thinking you probably got approved for SSDI, but maybe the Judge ruled against you getting any back pay at all especially if your worked at all during that time.

I'm thinking that is what it means. That you got approved with no back pay (usually the SSDI get paid from the back pay) but if you got no back pay, then you will still have to pay the attorneys.

SSDI denies almost 90% of all claims. I just got it because I am stage iv. They also gave me at 57 a letter saying that they will check in again with me in 7 years (not expecting me to survive that long I expect LOL).

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