What Constitutes A Technical Denial Of Social Security Disability Benefits?

by | Jan 4, 2016 | Law

The acceptance rate for applications for Social Security disability benefits is not good, only about 25 applicants out of every 100 are accepted when first received, the rest are denied outright. The majority of denials are for medical reasons, the claim review personnel could not find a valid reason or significant evidence that the medical condition was such that it stopped them from working. Although the bulk of the reasons for denial are medical, there are other technical reasons as well. In the event the application was denied based on a technical reason the administrators found that the applicant failed to meet the eligibility criteria, in this event the medical reasoning will not be entertained at all. Regardless of why your application was denied you have the right to hire disability lawyers in Chicago to purse an appeal on your behalf.

Earning too much:

The Social Security Administration have set a threshold on earnings, anything above what they call the SGA (substantial gainful activity) will deny you benefits outright. The current SGA is set at a little under $1,100 per month for those who can see and $1,800for applicants that are blind. The stance that the SSA take is simple; if you make over the SGA then you cannot possibly be disabled. Should this be given as the reason for the denial of benefits your disability lawyers in Chicago may very well submit that for you to have made this amount you needed help from others or that your employer allowed you to perform at a lower standard of productivity or that you were given work that suited your impairment, not the work you normally do.

Technical denials for a SSDI claim:

There is a financial requirement as well; before you are even eligible for benefits you must have paid a certain amount into the system via FICA.

The common technical reason for denial is that the applicant has not worked long enough to pay enough into the system. The amount of time varies but as an example, if the individual applying for disability benefits is 50 years old, he or she will have had to pay into the system through seven or more years of employment.

It is difficult to appeal a denial of benefits if the reason is insufficient work credits, you either have them or you don’t and no amount of appealing is going to change this. However; disability lawyers in Chicago can make a case if the SSA made an error in calculating income and assets which they often do. The lawyer can also help you get supplemental security income which does not have the same strict rules for eligibility.

If you have made application for disability benefits and had the application denied you may be better off hiring disability lawyers in Chicago to help you. There are many cases where the denial of benefits was made due to a technical reason that was later found incorrect, contact The Law Offices of Rabin, Kodner & Brown for a free evaluation of your case.

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