Can a Fully Favorable on the Record Medical Review for Disability Be Overturned

Information technology has been years of waiting and not being able to work.  You filed your claim for social security disability and provided the supporting documentation of your claim, yet social security continued to plow you lot down.  It took over a year just to get a hearing before an Administrative Police Gauge.  But at long last there it is in the mail – a fully favorable decision alphabetic character!

Over the by 25 years of handling but Forth Worth and Dallas social security inability cases, I have known a few moments sweeter than when nosotros finally win the claim for a deserving inability claimant.  Folks accept waited and suffered for so long, few think near what is adjacent at present that their crusade has been vindicated.

But in that location are important things that a successful disability claimant needs to know.  At present that the fully favorable decision letter has arrived, here are 5  things y'all need to know:

one. "Fully Favorable" means you take been granted what you lot asked for.

What does fully favorable mean? Fully favorable means that the Social Security Assistants has plant that you are disabled every bit of the date y'all allege your disability began. Check the date the judge selected as the engagement you became disabled.  It should exist the same date you said you became disabled.

Please realize that it may not be the same date of disability you gave the regime when you first applied for disability. Often,  ALJs asked claimants if they would "amend" their declared onset date at the hearing.  This is often the instance when the claimant is represented by an attorney (i.eastward., the claimant has someone who tin can explain the onset date subpoena issue)  and the claimant attained an of import age milestone after filing her claim for disability.

For example, the claimant may have claimed inability equally of 1/ane/14 and was built-in on v/one/66.  Since this person became 50 years of age on 5/1/2016.  The vocation rules change at age 50, so an ALJ may ask the claimant and chaser if they would "amend" the onset appointment to v/1/16.  If the claimant and chaser agree at the hearing to so amend the onset date, the "Fully Favorable" decision will then reverberate.

2. The language about the Appeals Quango taking the victory dorsum is more often than not meaningless.

There is "average" linguistic communication in the decision indicating that the Appeals Council can review the decision within 60 days, and could take information technology back; chances of this happening are extremely remote.  In 25 years of social security disability practise, I have only seen it happen where the claimant'due south earnings record reflected wages after the inability onset date, and the ALJ did not explicate the wages in the decision.

iii. The big picture show: what is the hereafter going to await like. fully favorable disability determination now what?

When we become a Fully Favorable ALJ conclusion, clients often inquire me: "Does this mean that I am on disability now forever?".   The reply is no, – just you are on disability as long every bit yous remain disabled nether the Social Security Act and are unable to piece of work.

For most people with a chronic wellness problem that is not likely to improve – and indeed is likely to worsen – this means they will remain on social security disability.

But, it is, unfortunately, true that whether you are in fact still disabled is a question that Social Security can examine and in some cases can conclude yous are no longer disabled.

However, there is a very important difference betwixt your fight to win disability and what the government must prove to accept your inability away.  When a claimant files for social security inability, the brunt of proof is on the claimant to establish an inability to piece of work.  The presumption is that y'all are able to work.  But once on inability, the claimant is no longer required to show that they are disabled.

Now, for the government to take  the claimant off disability the authorities must testify 2 things:

• Your medical status(s) have improved;
• That improvement is sufficient to allow a return to "substantial gainful activity" (i.eastward., piece of work).

If social security takes someone off of social security disability it is in the context of what is called a Continuing Disability Review.  Most inability claimants are in fact reviewed at some point.  Y'all volition be given general find in the Award Letter that comes after the Fully Favorable.  If you have an attorney, brand sure yous cover this issue earlier you part ways.

If you are wondering "what does a disability blessing letter expect similar?," in that location is a screenshot of part of one of these letters at the top of this post.

four.  If you face a Continuing Disability Review, you may not exist able to rely on back benefits to pay a lawyer to stand for y'all.

If the upshot of a Continuing Disability Review is a decision that you are able to work, your disability benefits will exist ceased.  You are given appeal rights, and if you appeal the benefit termination within 10 days you can go along to receive your monthly inability benefits during the pending appeal.

If, however, you lot are not successful in the appeal of your benefit termination, you volition have to pay social security back the benefits you have continued to go.  Most disability claimants with a termination of benefits letter of the alphabet volition understandably appeal within10 days to go along to go their disability cheque.  This means, notwithstanding, that there are no by-due disability benefits from which to pay an attorney.

I always encourage my winning clients to concur dorsum some of the past-due benefits they arrive savings to pay an chaser to help with the Continuing Disability Review should that exist needed.

five. Don't get complacent: stay in medical handling and consider work activity carefully.

Many claimants limit or cease medical treatment.  This is a big mistake.  For many with an intractable medical problem, one for which many medical treatments and medications have non been successful, this is understandable.  Only if you face up a Continuing Disability Review, you are going to demand the support of treating medical professionals.

Oft social security will require a medical evaluation in a Continuing Disability Review.  Should that doctor who you see only once and is paid for by social security fence that you accept improved and are able to render to work, you demand an opposing stance from your treating dr..  Ceasing medical handling after winning a disability case volition leave you vulnerable to existence taken off disability.

The second area of complacency is working while on social security disability.  At to the lowest degree 90% of the calls I go from claimants removed from disability involve work and a failure to empathize the implications of piece of work.

The bottom line: piece of work activeness and social security disability do non mix. Supplementing your social security disability with role-time piece of work will come up dorsum to bite you every fourth dimension!  In one case on disability, in that location is just one reason to piece of work: to test improvement in your wellness to run across if you can in fact return to full-time work and get off disability.

Fort Worth and Dallas Disability Chaser

If you lot tin can't work due to physical or mental disability, we're hither to help. Contact Denman Law Part to ready a free and confidential case evaluation.

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Source: https://www.disabilityapproved.com/victory-in-your-social-security-disability-case-5-things-you-now-need-to-know/