TERRY KATZ & ASSOCIATES, P.C.
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WHAT IS A TECHNICAL DENIAL OF SSD BENEFITS?

Applying for Social Security Disability benefits can be overwhelming. Understanding the ever-changing laws, getting the requisite paperwork together and then finally competing the application and submitting it seems like a huge relief for New York claimants. Unfortunately, many first-time applications are denied and this can be devastating for applicants. Rather than admit defeat, it is important to understand why the claim has been denied and how to move forward from there.

A denied claim comes with an explanation letter-this outlines why the claim has been denied. Reading and understanding this is very important. Applications can be denied for medical or non-medical reasons. Even though most applications are denied for medical reasons, which we will look into next week, a technical denial means that the person reviewing the file didn't even reach the medical evidence. The applicant has been found ineligible for a technical reason, such as earning too much or not working long enough.

In order to be eligible for Social Security Disability benefits, the applicant must have worked for a certain amount of time to receive credits and must have worked recently enough. How many years the person must have worked depends on their age. For example, a 50-year-old must have worked at least seven years in a job that pays into Social Security. Similarly, the employment must have been recent; insurance lapses after a certain amount of time if relevant taxes are not paid into the system. The general rule is that one must have worked five years out of the last 10 to qualify for SSD benefits.

Many people erroneously believe that there is no point appealing a technical denial, but there is a lot that can still be done if one believes the denial is incorrect. It is possible some documents were not added to the application or that the paperwork was incorrectly filled out. It may be beneficial to consult an experienced attorney for guidance before appealing the decision.

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