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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

This is a great day in the life of our family, and a just decision in my daughter's case.  I know that this is your profession, but I have a strong sense that you have gone beyond the call of duty and that you have been my daughter's friend as well as her attorney.  I've lived a long time, and I've learned that things don't always come out as they should.  In this case, they did.

Retired Army Chaplain (Lawrenceville, GA)

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