Can you be denied disability if you meet a listing?



Can you meet a Social Security listing and still get denied?



 
There is no medical way you can be denied if you meet a disability listing, however, there are other factors that may affect your entitlement to disability benefits. You could be denied disability benefits even though you were a a medical approval for disability benefits.

If you file for disability benefits but you return to work while your determination is being made or even in the first twelve months after being approved for disability benefits, your claim may be denied or reversed to a denial...even if you meet a disability listing.

The definition of disability for the purposes of Social Security Disability is that you have a severe mental or physical impairment that has prevented you from performing SGA for twelve months, or you expect that it will prevent the performance of SGA for twelve months, or it will result in death.



With this in mind, you can easily see how you could be denied even when you meet a listing if you have gone back to work and are earning over SGA. The performance of work is a very important factor for disability eligibility for both SSDI and SSI.

If you file for SSI disability and you meet a disability listing, you will be medically approved for disability. However, SSI has income and resource limits that affect your eligibility for a disability benefits. If you have too much income or your resources are to high, you may be denied disability benefits even though you are a medical approval for disability.


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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