Quote:
Originally Posted by LIT LOVE
I was being lazy (in other words, I'm in a fairly high level of pain and didn't want to increase said pain by researching)and waiting for Janke to reply.
This link, describes a similar situation, and the attorney states his client received a PF decision, so she would still be able to appeal if she felt like risking her approval. http://www.ssdanswers.com/2009/11/12...ynical-judges/
This link says that the ALJ can write it as a FF decision if the claimant agrees to changing the onset date. http://www.disabilitysecrets.com/page4-29.html
So Cherry, how are you familiar with this? I'm missing the difference between one ALJ writing it as FF and another as PF. |
A fully favorable is when the judge agrees with your onset date, does not matter if it is changed or not. A partially favorable is when the judge agrees you are disabled but does not believe you are disabled as long as you state you are. For example, say you broke you arm in June 2009 and in October 09 you have to have surgery and during surgery you suffer a disabling stroke. The judge will say that you could still work even with a broken arm so they give you a PF decision starting October 09 and not June 09.
If you refuse to change your onset date in this example and you receive a PF decision then it can be appeal but at the risk of losing everything, like the website says. However, if the judge states that he'll give you an otr decision in your favor if you change the onset date then you can't go back and say I made a mistake. Is that clearer?
The reason the judges will ask you to change it instead of doing a PF decision is because once you bite that apple it is over and they won't have to worry about it biting them in the derriere later on. It is pretty much like a plea bargain. This way they get to have a very high success rate and save taxpayers some money while you get your benefits almost immediately and a piece of mind.
By the way, the ALJ wanted me to give up 2yrs of backpay and medicare eligibility. I told my lawyer I rather stab myself in the eye with a rusty nail. I got a FF.