If you meet the requirements of a listed impairment, your case will be approved unless you fail to meet certain non-medical qualificationsQuestion: If the person filing for disability meets the listing, can the judge still deny benefits? Whether or not someone meets all the criteria of an impairment listing requires objective medical evidence to support all the criteria of the listing. ALJ's (administrative law judges make decisions at Social Security hearings) are fairly autonomous, however if a client meets all criteria of a listing I would find it hard to believe an ALJ would deny benefits. Having said this, there is the chance of denial in this situation, meaning if the client does not meet all non-medical criteria for the disability program they are filing for. Non-medical criteria typically relates to income and assets (SSA refers to this as resources), though assets only come under consideration on disability claims that involve the SSI disability program. Because SSI is a need-based poverty program, based on disability status, having more than $2,000 in countable assets for an individual, or more than $3000 in countable assets for an individual and a non-eligible spouse can render the claimant ineligible without regard to their medical condition. When it comes to either SSD or SSI claims (SSD claims are not subject to the limit on assets/resources), there have been cases of individuals satisfying the criteria for a listed impairment but being denied because they were working and making more than the allowable limit specified under the substantial gainful activity guidelines. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: What is SGA (Substantial Gainful Activity) and how does it affect Social Security Disability and SSI Eligibility? What Are the Social Security Disability Requirements For Personal Assets? What are the Assets that count for SSI Disability? What is the Social Security Disability List of Impairments? List of Impairments for Social Security Disability and SSI Benefits Social Security Disability, SSI Decisions. What Is the Rate of Approval? How Long Does It Take To Get The Results Of A Disability Hearing? These pages provide answers to basic questions about pursuing disability benefits Social Security Disability SSI Requirements, Criteria, Eligibility How to file for disability, How to apply for SSD or SSI benefits Who will qualify for disability? - What qualifying is based on Social Security Disability - Permanent Disability How to Claim Disability Benefits through Social Security How to Apply for Disability - What medical conditions can you apply for? What Can I Do to Improve My Chances of Winning Disability Benefits? Social Security Disability Status on a pending claim Working and Disability - Are You Allowed to Work While Receiving Social Security Disability or SSI? What is the difference between Social Security Disability and SSI? Social Security Disability Back pay and How Long it Takes to Qualify for it |
