There are two types of partially favorable decisions. One is for a closed period of disability. The other is for an alternative disability onset date.
A closed period of disability means the Administrative Law Judge (ALJ) finds that you have been disabled for only a certain period of time. You will be paid benefits for this period, but you will not receive any ongoing benefits.
A closed period is beneficial for claimants whose conditions have improved enough to resume working. An ALJ may also elect to award a claimant for a closed period of disability if something in their medical evidence refers to medical improvement.
An alternate onset partially favorable decision indicates that the ALJ finds you disabled but does not think you were disabled as early as you originally alleged. The onset date of your disability will be tied to something in your record, for example: when you stopped working, were diagnosed with a condition, or received medical treatment.
In both cases after the decision is issued, the next step is the payment process. It takes 30-90 days from the date of the decision to receive the Notice of Award. The Notice of Award outlines what backpay you will receive, as well as the attorney’s fees that have already been deducted. It may take up to 90 days from the date of the award letter to receive your backpay. In the case of an alternate onset date decision, the Notice of Award will also indicate what your monthly ongoing benefits will be and when you can expect to receive them.
If you are awarded for a closed period or alternate onset date and disagree with the decision, you do have the option to appeal; but there are some risks. Appeals go to the SSA’s Appeals Council. The Appeals Council could rule in your favor, but they can also put the whole issue of disability back on the table and potentially reverse the ALJ’s decision.
If you are awarded a closed period of disability and believe that you are still disabled, it may be in your best interest to forgo the appeal and instead file a new claim. If you choose not to appeal the ALJ’s decision, it will be finalized. As a result, when you file a new claim there will be no risk of Social Security reversing the prior decision. In certain cases, if you do not appeal you may be precluded from filing for Disability Insurance Benefits in the future.
