by Tim Moore. Free Case Evaluation here. There is no maximum that you can receive…
What kind of decision will you get at a disability hearing in North Carolina?
by Tim Moore. Free Case Evaluation here.
An ALJ, or administrative law judge, at a disability hearing in North Carolina can issue several types of decisions.
In the first category, we simply have the denial, or notice of disapproved claim.
If you receive a denial following your hearing, you should contact your disability representative and discuss what should be done next. You will have several options, one of which is to file an appeal to the appeals council in Falls Church, Virginia. The second option would be to file a new claim.
However, if you receive a disability award from a North Carolina judge, this can come in several different forms.
You may receive what is called a “closed period”. This is not an approval for regular monthly benefits but, instead, it is a recognition of the fact that while you are not currently disabled you were still disabled for a definite period of time in the past.
Closed periods do not happen often, and they tend to happen only at disability hearings. While a closed period does not amount to receiving a regular monthly check, it can still be very helpful for a person whose condition has improved. The payment may amount to several thousand dollars which can certainly be helpful in getting a person’s financial status back on track.
Regular decisions for continuing monthly benefits come in two forms.
The first is a “partially favorable” allowance. This is where the judge has approved the person for disability benefits, the only difference is simply that the judge has not granted an onset date, or start date, that is the same as the one alleged by the claimant when they filed their claim.
When the disability award granted by the Judge is “fully favorable”, then the judge is in complete agreement with the onset date claimed at the time of application.
Obviously, the better the onset date, i.e. the further back it goes, then the more “potentially “a person may receive in Social Security or SSI, backpay.
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