Skip to main content

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.

_____________________________

 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.

Comments

Post a Comment

Popular posts from this blog

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...
Post a Comment
Read more

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...
Post a Comment
Read more

WHAT TYPE OF DENIALS DOES SOCIAL SECURITY ISSUE?

In Social Security disability, the most common denials are medical denials.  This means that Social Security doesn't believe the medical evidence in your case meets the exacting standards for an award of disability.  There are technically two kinds of medical denials: 1.  You are able to perform some of your past relevant work.  They have looked at your work history for the past 15 years and judged that your medical conditions permit you to perform one or more of your past jobs.  This is what we call a "Step 4 denial." 2.  You are not able to perform any of your past work - but there is other work in the national economy that you are able to do.  This is called a "Step 5 denial" because it occurs at the 5th and final "step" in the decision making process. There are other types of denials, not nearly as common as the two above.  We sometimes think of these as "automatic" denials or "technical denials."  They are not medical decisions...
Post a Comment
Read more