TECHNICAL DENIALS

Social Security disability applications may be denied for medical or non-medical reasons.  Non-medical denials are also called technical denials.

If a denial letter says, "you are not disabled according to our rules," you have received a medical denial.  The agency is saying that your impairment is not severe enough to meet its definition of disability.

There are several things may cause a technical denial.  Here are some of them:

1.  Lack of Work Credits.  You haven't worked enough to be covered by SSDI (Social Security disability insurance).  Most people need 20 credits.  It is possible to earn 4 credits per year.  So, you would need to have worked for the past 5 years, or at least 5 years out of the past 10 years.  In 2019, you earn 1 credit for each calendar quarter that your earned at least $1,360 dollars.  Beginning in 2020, you must earn at least $1,410 in a quarter to earn 1 work credit.

2.  Insufficient Recent Work Credits.  You may have worked a long time ago, but not recently.  In this case, your coverage for eligibility under SSDI may have expired.  As a rule of thumb, when a person stops working their SSDI eligibility expires in about 5 years.  So in 2019, if you have not worked since about 2014, you may not have recent work credits that make you eligible to apply for SSDI.

3.  You Are Now Working for Substantial Wages.  SSDI is for individuals who are not able to work due to disability.  In 2020, you are not eligible for SSDI if you are working and earning at least $1,260 per month in wages, salary, tips, commissions or self-employment.  It doesn't matter how sick you are if you are working at this level of income.  You will receive a Step 1 technical denial.  This is not an income restriction; it is a work restriction.

4.  You Failed to File Your Appeal On Time.  Appeals on denied claims must be filed within 65 days of the date on the denial letter.  If you wait longer to file, your case will likely be dismissed, a form of technical denial.

5.  This One Applies Only to Supplemental Security Income (SSI), Not SSDI Cases.  Your individual or household income/resources is too high.  If you have too much income or have too many financial resources, a claim for Supplemental Security Income (SSI) may be denied, regardless of your medical condition.  Again, this applies only to SSI applications under Title 16.  There are no income restrictions on SSDI claims under Title 2.  

If you receive a technical or non-medical denial, you may appeal within 65 days.  

If you need help with a Social Security disability application or appeal, call the Forsythe Firm in Huntsville at (256) 799-0297 for assistance.  You will never be charged a fee unless we represent you and win your case.


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