Sunday, January 26, 2020

TECHNICAL MATTERS THAT KILL CLAIMS

Sometimes technical matters prevent disability claims from being paid.  These are matter-of-fact, objective facts that render a claim ineligible for SSDI or SSI benefits.

What are some of these technical problems?

1.  You don't have enough work credits to be covered by SSDI.  In short, you haven't worked and paid enough into Social Security to be covered by the disability program; you are uninsured.  If you haven't worked recently, the problem may be that your work was too long ago and your work credits have expired.  

2.  You waited too long to file an appeal.  In most cases, only 60 days are allowed for filing an appeal on a denied application.  If you wait too long, an administrative law judge will dismiss the appeal because of an untimely filing.

3.  You are still working at substantial gainful activity on the date you allege disability.  In 2020, earnings of at least $1,260 per month will disqualify an individual from getting benefits because of work.  In 2019, that amount was $1,240 per month.

4.  Your disabling impairment does not meet the duration requirement; that is, your condition isn't expected to last at least 12 straight months OR to end in death.  Social Security does not cover short term disabilities which last fewer than 12 consecutive months.

If you feel a mistake has been made in your denial, the way to fix it is to file an immediate appeal.  If your work credits are involved, you may be able to check your work credits through the Social Security office.

No matter how many times you call Social Security and discuss your problem with your denied claim, the only sure way to protect your rights under the claim is by filing a formal, written appeal within 60 days of the denial.

Never let 60 days pass without filing an appeal.  When in doubt, appeal first and discuss later.




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