Sometimes a Social Security disability claim is denied in its initial stages on a “technical” basis. This means that the claim does not meet the technical, non-medical criteria for eligibility. When this situation occurs, all hope is not lost. You can still file an appeal to have the decision overturned.
Eligibility requirements
To be eligible for disability benefits, you must meet certain specific requirements. If any of the following criteria are not met, you could be facing a technical denial of your claim.
– Inability for employment as a result of a disability or not having not have earnings that exceed the SSA’s definition of “substantial gainful activity” (SGA).
– Worked enough to have earned enough credits over the past 10 years to be eligible for benefits
Countable resources
One of the major factors the SSA looks at when considering a claim is the applicant’s countable resources. Countable resources are based on all income and assets you have available to you at any given time in a month. The SSA uses a complex formula to determine countable resources, so if you have questions regarding yours, it is a good idea to speak with a New Jersey disability law firm that can assist you with the calculations.
Reasons for a technical denial
The following situations are common reasons the Social Security Administration (SSA) might issue a technical denial on a claim:
– The applicant is currently working
– How much the applicant earns in wages
– The length of time the applicant worked before becoming disabled
– How recently the applicant worked before becoming disabled
– How much the applicant earned in the decade before becoming disabled
Appealing a technical denial
In most cases, a technical denial cannot be appealed. However, you can appeal the denial if it is a result of the SSA making an error or there was missing paperwork. If you fall into that category, you can follow the steps below to appeal the technical denial.
– Request for reconsideration – For this step you need to fill out the appropriate appeal forms
– Administrative Law Judge hearing
– Appeals Council
– Federal District Court
After the initial request for reconsideration, the following steps are only necessary if the appeal continues to be denied. If at any time the appeal is overturned, you do not need to proceed any further.
Appealing a technical denial can be an arduous process. It is best to approach the situation with the help of a qualified legal representative. If you want to appeal the technical denial of your disability claim, call a New Jersey disability law firm that can help you formulate a winning appeal.
