I Was Wrongfully Denied Disability: What Should I Do?

Social Security Disability Isn’t Only What We Do, It’s ALL We Do

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I Was Wrongfully Denied Disability: What Should I Do?

If you have been denied Social Security Disability Benefits (SSDI) and believe you should have been eligible, you are far from alone. More than 60% of Social Security Disability claims are initially denied. Many people who are initially denied disability benefits ultimately win benefits on appeal. However, that requires prompt action after you receive a denial notice.

Too many people miss their window to request reconsideration or request a hearing before an administrative law judge (ALJ). Most people who miss their opportunity to appeal can apply for disability benefits again. However, when that happens, you lose back benefits, potentially thousands or even tens of thousands of dollars. And, depending on when you last worked and when you became disabled, you could lose eligibility entirely.

First Steps After You’ve Been Denied Disability

The first thing you should do when you’ve been denied disability is to check the deadline for requesting reconsideration. Reconsideration is the first level of appeal in the Social Security system.

Next, you will need to understand the reason you were denied disability. There are two different broad types of Social Security Disability Benefits denials. The first is a technical denial, and the second is a medical denial. Your options and next steps after you’ve been denied disability will differ depending on which type of denial you have received.

Technical Denials of Social Security Disability Benefits

When most people think about being denied disability, they are focused on the Social Security Administration’s (SSA’s) determination as to whether or not they are disabled. However, there are other threshold issues to be determined before the SSA even looks to see whether or not a person is medically disabled.

Work Credits

A person can qualify for Social Security Disability Benefits only if they have accrued sufficient work credits. The number of work credits required to receive Social Security Disability Benefits varies depending on the applicant’s age at the time they became disabled. For most workers, 40 work credits are required. Of those, 20 must be “recent.” In this context, recent means within the 10 years leading up to the person becoming disabled.

You will often hear 40 work credits described as 10 years of work. However, it is actually a little more complicated than that. Social Security work credits are based on earnings, not the passage of time. While you can only earn four work credits per year, you don’t necessarily have to work the full year in order to earn four work credits. For example, in 2025 it takes $1,810 in earnings to equal one work credit. So, if you are earning $5,000 a month, you could accrue four work credits in less than 60 days. The Social Security Administration will not look to see how many weeks or months of the year you worked, but will look at your total earnings for the year.

If you truly don’t have sufficient work credits to qualify for Social Security Disability, you cannot change that. You will not be eligible for benefits. However, mistakes happen. If your notice says that you have been disqualified due to insufficient work credits, carefully review your record to see whether there may be work history that is not included in your record or there are incorrect dates associated with your past work.

Substantial Gainful Activity (SGA)

To meet the Social Security Administration’s definition of “disabled” you must be unable to engage in substantial gainful activity. This is assessed in more detail if you reach the medical stage of the analysis. However, as a threshold issue, the SSA will disqualify you from receiving disability benefits if you are currently earning in excess of the SGA cut off. That number changes each year. In 2025, the cutoff for substantial gainful activity is $1,620 a month. If you are blind, that number is increased to $2,700 per month.

If you were earning more than the SGA cut off at the time you applied for Social Security disability but are no longer earning at that level, your income is sporadic or short-term, or your medical condition is worsening and you will be unable to sustain that work, you should speak to an experienced Social Security Disability Benefits advocate about how to proceed.

Medical Denials

Being medically denied disability is more complicated. The SSA takes two different approaches to determining whether you are medically considered disabled. The first is to assess whether your medical condition meets or equals a listing in the Social Security Blue Book. If you meet the criteria for a Blue Book listing, you will typically be determined to be disabled.

If you do not meet a Blue Book listing, you may still qualify. The SSA will take a more holistic approach that considers your work history, age, educational level and transferability of past job skills. If the SSA determines that you are unable to return to your previous work and it is not realistic for you to transfer your skills to another profession or retrain for different work, you may still be deemed disabled even though you did not meet a Blue Book listing.

Common Mistakes After You’ve Been Denied Disability

As mentioned above, the biggest mistake people make after being denied disability is not acting within the time frame allowed to request reconsideration or request a hearing before an administrative law judge. Another common mistake is to pass up the opportunity to provide supplemental information or explanation that could make a difference in your claim.

For example, when you file a request for reconsideration, you are not required to provide any additional information. In reconsideration, a different person at the Social Security Administration will review your claim from scratch. However, you do have the opportunity to provide supplemental medical records and other updates that could strengthen your claim. You don’t want to waste that opportunity.

Another mistake that impacts many people’s Social Security disability appeals is trying to handle the appeal on their own. An experienced Social Security disability benefits advocate can help you understand why you were denied disability and can put their experience to work helping you assemble the type of information the SSA will be looking for.

To learn more about how an experienced Social Security disability benefits advocate at Disability Help Group can help you submit the strongest possible request for reconsideration or appeal, call us today at 800-800-3332 or fill out our contact form here.

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FAQ

How Can I Get TDIU?

How Can I Get TDIU?

Many veterans are unable to earn a living because of service-connected disabilities. Congress created a special benefit called TDIU to help these veterans live comfortably. Also known as Unemployability. TDIU pays the same monthly amount as a 100% disability rating.

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