What are some of those things?
1. You haven't worked enough and recently enough to have insured status with Social Security. For SSDI eligibility, a person must have worked about 5 years out of the most recent 10 years. Technically, he/she must have earned at least 20 quarters of work credits out of the past 40 quarters. If not, there is no coverage for disability, regardless of how sick or severely impaired a claimant might be.
2. You are working at substantial gainful activity (SGA), which generally means working a full-time job. You cannot claim SSDI benefits while you are working at SGA levels, regardless of how severe your medical impairment is. Simply said, a person cannot work and get SSDI benefits at the same time. In 2022 an individual is considered working at SGA level if earning wages of at least $1,350 per month before tax. In 2023, a claimant must be earning less than $1,470 per month (before tax).
3. Your impairment doesn't meet the duration requirement. The medical condition must be severe and must meet 1 of the following requirements:
- Has lasted for at least 12 straight months; OR
- Is expected to last at least 12 straight months, OR
- Is expected to result in death.
4. There is no period of 12 consecutive months that you were not working at substantial gainful activity. This is really part of the duration requirement. Even though you believe you were disabled, you can't win a claim if you can't find at least a continuous 12-month period during which you were not working at SGA level.
These are the 4 most common reasons for "technical" denials without consideration of any other facts.
It's a great idea to consult with an attorney or advocate who has experience with Social Security claims. Friends, family members or co-workers all mean well with their advice. But most of the time, they are not knowledgeable about Social Security's rules and requirements.
In our office, we constantly hear about a friend, a neighbor or a family member who "never worked a day in his life," but supposedly gets a big Social Security disability check. In most cases, these stories cannot be true, based on the federal regulations of Social Security. Unfortunately, reliance on these stories can lead the claimant to take the wrong actions and harm their chance of getting a benefit.
If you will call us, we will listen to your situation and give you a free case evaluation, based on what the regulations really say. Free and at no obligation. If we represent you, you never pay us a fee unless you win your case AND collect past due benefits (back pay).
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The Forsythe Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
Call Us: (256) 799-0297
Email Us: forsythefirm@gmail.com
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