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TECHNICAL DENIALS ON DISABILITY CLAIMS

A "technical denial" is where Social Security automatically denies a claim without considering the medical or "disability" aspect of the claim.  A technical denial happens when there is an obvious reason that the claim cannot be approved; therefore, it is simply not processed.

 What are the 3 most common reasons for a technical denial?

1.  LACK OF WORK CREDITS .  A claimant for Social Security disability must have sufficient work credits and payments into the Social Security trust fund.  As a general rule, most claimants must have worked at least 5 years out of the past 10 years.  This would give them a total of at least 20 work credits.  If an individual lacks the required work credits they have become "uninsured" under the Social Security Act and even if disabled, no benefit is available.  Some older claimants will need more credits; younger  claimants may require fewer.

2.   STILL WORKING AT SGA LEVEL.  A person who is still working at the level of Substantial Gainful Activity (SGA) is not eligible for SSDI benefits.  In 2023 an individual who has current wages or earnings of at least $1,470 per month (gross) is engaged in SGA.  The whole premise for Social Security disability is that an individual is not able to work.  Working simply disqualifies disability benefits and will result in a technical denial.

3.  CANNOT MEET THE 12 MONTH DURATION REQUIREMENT.  Social Security benefits are only payable for a severe medical condition which has lasted for 12 straight months, is expected to last for 12 straight months OR to end in death.  If decision makers find that the claimant does not have 12 straight months of disability, a technical denial will be issued.  No benefits are payable for shorter term disabilities or conditions.

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 The Forsythe Firm in Huntsville, AL has represented Social Security disability claimants for 2 decades and has recovered millions of dollars in disability benefits.  Call (256) 799-0297.

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