Will Social Security Deny You Disability Without Looking At Your Medical Records?
Social Security can deny your disability without looking at any of your medical records and they can do this for a few reasons. Some reasons apply to both SSI disability and Social Security Disability, while others apply to one disability program or the other.
If you are applying for Social Security Disability or SSI disability, your disability claim can be denied for the performance of SGA-level work activity (SGA is simply an earnings limit for work activity - if you are able to work and earn this amount or more, you will not be considered disabled).
The Social Security definition of disability states you must have been unable to work, or will not be expected to be able to work, for twelve months due to your disabling condition. If you are working and earning over the SGA limit, your disability claim will be denied without any consideration of your medical records no matter what your disabling condition is.
You can also be denied for SSDI or SSI disability if you fail to provide necessary forms or information needed to send your disability claim for a medical determination. This denial is called a failure to cooperate denial. In other words, you failed to cooperate in the development of your disability claim.
These are the two most common reasons that both your SSI disability and Social Security Disability claims can be denied without looking at your medical records. Lets take a look at some reasons that apply to SSDI or SSI disability individually.
Lack of Insurance Eligibility for Social Security Disability
Your filing for SSI disability, your disability claim can be denied for income or resource limits without a review of your medical records. If you have more income (earnings, pensions, VA benefits, Workman's compensation, long term or short term disability benefits, etc.) than the SSI income limit, your disability claim will be denied for excess income.
Your SSI disability claim can also be denied for excess resources (land or houses other than the house and land you live on, vehicles (usually your highest valued vehicle is excluded), insurance policies with cash value, inheritance, 401K or stocks, etc. Basically, anything that can be readily converted to cash can be considered a resource for the purposes of the SSI resource limit.
There are other technical denials that might cause your disability claim to be denied without a review of your medical records. However, the vast majority of disability applicants are not denied for both disability programs prior to being sent for a medical determination. Most applicants meet the qualifications for Social Security Disability or SSI disability, and many meet the disability qualifications of both disability programs.
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.
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