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The Disability Claims Digest
Volume 11
Copyright 2010

In This Issue
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What is E-File Access?
What Happens if You Receive a Partially Favorable Decision?

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Greetings,

Welcome to the Eleventh edition of The Disability Claims Digest.

In this edition, we will be talking about Social Security's new E-File access and Partially Favorable Decisions.

Please remember that we are here to answer any questions that you may have regarding the disability claim process. And if you or someone you know would like any assistance or guidance with their claim, please be sure and reach out to us.

You can reach us at:

1-888-WIN-CLMS
1-888-946-2567
[email protected]

Please read on....
Please visit our website for helpful information and guidance regarding the Social Security claims process.

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What is E-File Access?

Social Security has recently implemented a process for authorized representatives which allows them access to a claimant's electronic claim file/folder during the hearing phase of the case.

Because Social Security has gone paperless, all claims for Social Security Disability and Supplemental Security Benefits are electronic in nature.

The recent e-file access program will improve a representative's ability to effectively prepare their clients' claims for hearing. Access can be made to the electronic claim folder to determine what evidence exists and what additional evidence still may need to be submitted. Representatives can now access and review Social Security's internal documentation concerning a person's earnings record, the adjudicator's reasoning for denial of the claim, the consultative examination doctor's report prepared by the Social Security doctor, as well as all medical or other related evidence that Social Security obtained on their own. It also allows a representative to verify whether or not all evidence that he/she submitted to the claim folder successfully uploaded.

It is expected that Social Security will allow the representative to access the electronic claim file at the initial and reconsideration levels of a claim, however, this has not been implemented to date.
What if You Receive a Partially Favorable Decision?
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First, we must understand the meaning of an onset date. An onset date is the date that a claimant's medical condition(s) become so severe that they are unable to continue working.

An alleged onset date is the date that a claimant believes is the date he/she became severe and could no longer work.

An established onset date is the date that an adjudicator, an attorney advisor reviewing claims for a hearing office or a judge determines is the date that a claimant could no longer work because of the severity of their medical condition(s).

A fully favorable decision is when Social Security agrees with the claimant's alleged onset date.

A partially favorable decision is when Social Security determines that the claimant became severe at a later time then the date alleged.

When a partially favorable determination is awarded, it may be accepted or it can be appealed. By accepting the decision, a claimant is very likely giving up additional back benefits that they rightly deserve and it may delay the commencement of Medicare coverage.

In a case where a claimant receives a partially favorable decision, and it is believed that the alleged onset date (which is the date the claimant stopped working) is, in fact, legitimate and supported by the evidence in file, then it is highly recommended that the partially favorable decision be appealed.

There are many pros and cons that must be considered before making your decision about whether or not to appeal the onset date. It is highly recommended that you seek the help of a qualified disability representative before making such a decision, so that you can be fully informed regarding all of the issues.
From The President's
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We hope that the information in this edition of our Disability Digest will prove to be beneficial to you or someone you know that is applying for or receiving Social Security disability or Supplemental Security Income benefits.

It is our mission to help as many people as we can to make their way through the frustrating claims process.  We are here to help anyone who is on this journey.  In addition to excellent representation services, we provide all of our clients with guidance, words of comfort, compassion, encouragement and kindness.

If you know of anyone that may benefit from the information contained in our newsletter, please forward it along to them by using the link below.

Until next time, take care and be well.
 
Sincerely yours,
 
Lisa S. Wagman, CP
President
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Disclaimer:

Social Security Disability Benefit Consultants is a subdivision of Premier Legal Services, LLC. We are independent benefit consultants authorized by law to represent claimants before the Social Security Administration from the initial application to the Appeals Council level. We are in no way affiliated with the Social Security Administration directly.

We do not provide any legal advice. Our newsletter is a general service that provides legal information. We are not a law firm. The information contained in this newsletter is general legal information and should not be construed as legal advice to be applied to any specific factual information. We do not endorse any content provided by any linked sites, nor do we assume any responsibility for the interpretation or application of any information originating from such content.
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