In 2015, up to 2.9 million nonfatal workplace illnesses and injuries were reported by private industry employers in the United States. While most injured American workers have the ability to apply for workers compensation benefits and social security disability if they’ve been out of work for long enough and their injuries are severe enough, not every worker’s social security disability benefits are approved.
In some cases, a denied claim for SSD may be the result of a technical denial. A technical denial in a case for social security disability benefits is often the result of an applicant failing to meet the financial requirements necessary for SSI or SSDI rather than failing to meet the medical requirements. While that’s good news in a sense, it’s probably cold comfort if you’re in desperate need of assistance.
Fortunately, there are things you can do if this happens to you. First, it’s important to understand your situation so you can decide how to move forward with your denied claim.
Why don’t I qualify for social security disability? There are multiple factors that could be responsible for a technical denial of your SSD. One of the possible reasons is that you are earning too much. Earnings that are considered to be above the substantial gainful activity limit are considered to be disqualified for SSDI. Additional potential disqualifiers include:
- You haven’t worked company long enough. In order to be eligible for SSDI, the claimant must have worked long enough to have been covered by the SSD program. The number of years necessary to qualify also depends on the claimant’s age.
- You haven’t worked in recent years. To qualify for SSDI, you need to apply for SSDI within a certain number of years after you’ve stopped working. After you stop paying FICA taxes, your SSD insurance coverage lapses after a certain number of years. To qualify for social security disability benefits, you must have worked for at least five of the last ten years.
How to appeal a technical denial Should you choose to appeal a technical denial, it may be in your best interest to consult an SSD attorney. This is because technical denials most often cannot be meaningfully appealed. However, it may be possible that the social security association made a mistake when evaluating your documents.
Consult your workers comp attorney to determine the likelihood of a mistake having been made on the part of the SSA itself. You probably will not be shocked to hear that giant government bureaucracies do sometimes make mistakes, after all.
However, remember this: If there’s a chance you may succeed in an appeal, your appeal must be made within 60 days of receiving your technical denial. For immediate assistance, contact an SSD lawyer who can help you move forward with your denied disability claim.