Appealing An Onset Date

The date in which Social Security considers a Social Security disability claimant disabled and entitled to benefits will determine whether a fully favorable decision is issued or a partially favorable decision.

On the initial disability application a claimant will be asked when the claimant became unable to maintain full-time work and typically this will be the alleged onset date for a disability claim. After looking at all available evidence Social Security will either agree with the claimant and issue a fully favorable decision, deny the claimant is disabled or disagree when the claimant become disabled and this is where a partially favorable decision is issued.

Once a partially favorable decision is issued the claimant can either accept Social Security’s decision or the claimant can appeal the decision and ask Social Security to re-consider if the claimant became disabled prior to the date Social Security determined.

It is extremely important for a claimant to consider their options when determining whether or not to appeal a partially favorable decision because there are risks to appealing such a decision. When an appeal is filed Social Security will reexamine the claim, but also has the ability to change the determination from partially favorable to denied. Remembering that under its own rules, Social Security is only able to pay benefits going back one year prior to the filing of the application, no matter the determined disability date, careful consideration is needed when deciding whether to appeal a partially favorable decision.

If a claimant has a representative assisting with a claim it should be the responsibility of the representative to advise the claimant of the appeal options and the risks associated with appealing. If a claimant does not have a representative it would be beneficial for the claimant to research their options related to a partially favorable decision.