TECHNICAL DENIALS: WHY SOME PEOPLE WILL NOT QUALIFY FOR SSDI

There are several reasons that you might not meet the technical requirements to file a Social Security disability claim.  Here are a few of the more common disqualifying facts that we see:

1.  You do not currently have insured status under the Social Security Act.  Not everyone is covered by Social Security disability.  Generally, you must have earned 40 quarters of work credits and 20 of them must have been earned during the last 10 years. So, your work credits must be recent enough.  (Different rules apply to very young workers).

2.   You are now working at substantial gainful activity (SGA).  Social Security does not permit individuals who are still working and earning substantial wages to apply for disability, regardless of their age or medical condition.  You are deemed to be working at substantial gainful activity if your salary, wages, tips or commissions total a gross of $1,180 per month.  In short, if you are currently working and earning at least $1,180 per month you will not qualify for disability benefits.

3.  You cannot demonstrate that you have a severe medically determinable impairment that has lasted for at least 12 consecutive months, is reasonably expected to last for 12 consecutive months, OR to end in death.  Social Security has no short-term disability program.  It does not pay for any disabling impairment which lasts for less than 12 consecutive months. An impairment is generally "medically determinable" if your doctor has diagnosed it with acceptable medical practices such as examinations, laboratory tests, imaging studies, etc. 

NOTE:  There is no requirement that you wait 12 months to file a claim after you become sick or injured.  However, you must show by medical evidence that your impairment can reasonably be expected to have a duration of at least 12 months.  If you are expected to be able to return to work within 12 months, you do not have a disability claim.  This is called the Duration Requirement.  Some medical conditions can reasonably be expected to last 12 months or more and others will not. 

It is always a good idea to speak with someone who is knowledgeable about Social Security's rules and regulations as you try to decide your next step.  This can save you a lot of time, wasted energy and maybe some heartache.  Most attorney-advocates will provide you with free information and a free consultation in which your particular circumstances are analyzed to see how you should proceed.  This can often be done with a simple 10 minute phone call, right from your home.
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Charles W. Forsythe
The Forsythe Firm
Social Security Disability Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 325806

CALL US:  (256) 799-0297

EMAIL US:  forsythefirm@gmail.com

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