page contents
1-877-764-7870

Can a fully favorable decision from Social Security be Reversed?

by | Aug 19, 2020 | Social Security Disability

Can a fully favorable decision from Social Security be reversed?

Can a fully favorable decision from Social Security be reversed?

Can a fully favorable decision from Social Security be reversed?

At Sharon Christie Law, a Baltimore Social Security Disability Law Firm, we are often can a fully favorable decision from Social Security be reversed? In this video, Sharon Christie examines this question and helps provide answers to whether or not a fully favorable decision from Social Security can be reversed or not. 

Official Transcript: Can a fully favorable decision be reversed? 

Hi, I am Sharon Christie your nurse attorney for Social Security Disability Benefits. Recently I was asked this question: can a fully favorable decision from Social Security be reversed? Now that is a great question so there are two sets of circumstances where that could happen.
If you get a favorable decision early in the process, and by that I mean either at the first initial stage or at the second reconsideration stage. Let’s say you get a favorable decision but social security decides that the date they believe you became disabled and that means the date that you meet their definition of disabled is different from the date that you put in the application.
So they will issue a decision with a different onset date, and the effect of that of course is that it will reduce the amount of money you might receive in any retroactive or back payment. So let’s say you decide after you find out about that, that you disagree and want to file an appeal. And you can even say in the appeal I am just appealing the onset date but that’s not how Social Security handles it. Once you file the appeal the case will then move to the next step, but the whole case is reopened for review. And at that point, one of three things can happen.
Either the original onset date that you have asked for could be approved, or the date that Social Security found you were disabled can be approved, or the whole case can be reversed and a decision made that in fact, you don’t meet Social Security’s definition of disabled and the benefits are taken away.
So that’s one way that a fully favorable decision can be reversed. Another way it can be reversed is this. When you have had a hearing with a judge, technically the appeals council has the authority to review the decision and technically they could decide to take a look at your decision and if the appeals council believes that the judge was wrong in finding you disabled technically they appeal council does have the authority to reverse that favorable decision. 
Now I don’t see that happen very often. There was a time a couple of years ago when the appeals council was fairly routinely randomly choosing cases to review and I did have one case that was reversed. The favorable decision was reversed. It was sent back actually to be reconsidered on one issue and ultimately we were able to prevail on the case but that can happen. Technically the appeals council has the authority to do it. 
It doesn’t happen very often but you should be aware that it is a possibility although I consider it a remote possibility. Those are two instances where a fully favorable decision by Social Security can be reversed. It doesn’t happen that often but it can happen. 
So if you are thinking about appealing your onset date make sure you talk to your lawyer about that because there are definite risks involved in you doing that. 
It’s really confirmation of what any lawyer who’s done this work for a while including myself has known for a long time.  The approval rates for cases are dropping but I even I was a little shocked when I saw the statistics.  So 10 years ago of all the cases that went to a hearing before a judge, 66 percent were approved. In 2017 of all the cases that went before a judge for a hearing only 43 percent were approved. That’s a 20 point drop which is huge and it means that it is much harder now to get your case approved for disability then it has been in the past.  And then I read another statistic from the office of the Inspector General showed that people who were represented at their hearing by a lawyer won three times as many cases as the people who
were not represented.
It is imperative for you that you have the best chance possible to win your case and the best way for you to do it is to get a lawyer who is experienced in Social Security disability work who can prepare the case properly, who can get all the evidence that you need for the case, and who can prepare you properly to testify before
the judge. So don’t hurt yourself go get a lawyer
to help you with your case.

The Path to Social Security Disability Benefits with Sharon Christie Law

Step 1: Understanding Social Security’s Definition of Disabled

The definition of disabled, according to Social Security, is that you have severe limitations from your health problems that keep you from doing any kind of work for at least 12 consecutive months. This is the first thing we look at when evaluating your case. Your diagnosis is just the starting point. To get disability benefits for you, we must prove that your disabling condition causes severe limitations in your day to day activities.

Step 2: Medical Records in Your Disability Case

You must have medical evidence to prove your disability case. The most important evidence is your medical records that show your diagnosis, your symptoms, and your response to treatment.

Step 3: Don’t go it alone: How Sharon Christie Law Can Help You

At Sharon Christie Law, a Social Security Disability Law Firm, we recognize that no one ever plans to get so sick that they have to stop working. When you need to apply for Social Security Disability Benefits we recognize that you will be anxious about the process and whether you can qualify for disability benefits. Our goal at Sharon Christie Law is to help you win your case and give you the financial stability you need! Why work with us?

We do it all for you: At Sharon Christie Law we handle all aspects of the case for you, from preparing and filing your application through the hearing with a judge. We are with you every step of the way.  When working with us, you focus on feeling better, and we focus on winning your case.

We return your phone calls: We understand that you have many questions regarding Social Security Disability Benefits. We never want you to wonder what is happening with your case. We are here to answer your questions. All phone calls and emails are returned within 24 hours. That is our promise to you.

We believe in client education: The Social Security Disability process is confusing. We think it is important that you understand each step in the process. So, we created a section on our website that is accessible only to clients. This client’s only section tells you everything you need to know about the disability process.

Contact Sharon Christie Law