Topic Categories:


Overview of Disability

Disability Back Pay

Requirements for Disability

Applications for disability

Tips and Advice for Disability Claims

How long does Disability take?

Winning Disability Benefits

Common Mistakes after a Denial

Mental Disability Benefits

Denials for Disability

Appeals for denied claims

Disability Benefits from SSA

SSI Benefits

Child Disability Benefits

Qualifications and How to Qualify

Working and Disability

Disability Awards and Notices

Disability Lawyers, Hiring Attorneys

Social Security List of Conditions

What Social Security considers disabling

Medical Evidence and Disability

Filing for Disability Benefits

Eligibility for Disability Benefits

SSD SSI Definitions



Ask a question, get an answer

If you meet the requirements of a listed impairment, your case will be approved unless you fail to meet certain non-medical qualifications




 
Question:

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.















Return to:  Social Security Disability Resource Center, or read answers to Questions





























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?



Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


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