kloblawfirm-timklob

How may we help you?













What is an "Unfavorable Decision" in a Social Security Disability Case? PDF Print E-mail
Written by Timothy Klob   
Thursday, August 11 2011 00:00

In Social Security Disability cases there are three types of decisions issued at the hearing level - Fully Favorable, Partially Favorable, and Unfavorable.  An "Unfavorable Decision" is what the name implies - a decision where the Administrative Law Judge denies the claim and finds that the claimant is not disabled under the medical and vocational rules for disability pursuant to the Social Security Act.  In many cases where an Unfavorable Decision is issued, it is possible for a claimant to seek review by the Appeals Council, and to seek to have the Unfavorable Decision either overturned or to have their claim remanded to the Hearings Office for a new hearing at a later date.  In other cases, depending upon the rationale for denial used by the Administrative Law Judge, the claimant may be better served by filing a new application based on new evidence and with a new alleged onset date, as opposed to pursuing an appeal before the Appeals Council.  In the past, and until the recent issuance of Social Security Ruling SSR 11-1p, a claimant with an Unfavorable Decision could file a request for review with the Appeals Council while also filing a new application at the same time.  Now, in most cases, SSR 11-1p will require claimants to choose between filing a new application or seeking review of an Unfavorable Decision before the Appeals Council, but not both, except in rare circumstances where new evidence has become available and where the limited exceptions of SSR 11-1p are met.  While the Klob Law Firm has a solid track record of obtaining Fully Favorable or Partially Favorable Decisions for the majority of our clients, we occasionally must counsel clients on the potential for filing an Appeals Council request for review versus filing a new application where the Administrative Law Judge has issued an unfavorable decision, any any claimant in receipt of an Unfavorable Decision should seek legal counsel immediately in order to ensure that they preserve all rights and that they make the best decision on appealing or filing a new application well within the 60 day deadline for filing a request for Appeals Council review.  While the Klob Law Firm has a strong record of success for our clients, we are regularly contacted by potential new clients who have received Unfavorable Decisions as a result of either using another representative or as a result of proceeding at hearing without representation, and we welcome the opportunity to advise such potential clients of their options and to determine if we are in a position to assist them with an appeal, a new application, or both.

Copyright 13 August 2011 by Klob Law Firm (All Rights Reserved)

Last Updated on Monday, December 10 2012 12:27
 

I can't tell you how thankful I am for your firm's assistance in my disability case, and especially for Lauren's help.  Lauren has been a lot more than legal help to me.  She has gone far beyond what I would expect from someone in her position; she has been such an encouragement in all of this, and she has put a lot of extra effort in getting my case approved. She has become a dear friend to me.  I just wanted to let you know how much I appreciate all of you at your firm, and especially Lauren - it's refreshing to find such caring people these days.

Tony (Ringgold, GA)

I want to thank you and your professional staff for all the attention, hard work and help you gave to me and my family.  Your expert help helped me get through this case and I couldn't thank you guys enough for your friendly advice you all gave me, and I appreciate everything you did for me.  It was a blessing to have found an amazing and hard working staff to get me through everything.

Abraham (Lilburn, GA)