If you meet a listing do you automatically win your SSA disability?

Social Security list impairments and getting disability

If you meet or equal a Social Security impairment listing, you will be medically approved for disability. This does not mean you will automatically be approved for disability benefits if you do not meet the non-medical requirements of the disability program you qualify for.

An important non-medical factor for both SSI and SSDI is work activity. You cannot be working and earning over the SGA monthly earnings limit. For example, your SSDI disability claim can be reopened to a denial if your perform SGA during the first twelve months following your approval. And, while it does not happen often, individuals with terminal conditions are denied for the performance of SGA.

No matter what your disabling impairment is, your disability claim will be denied if you are earning over the SGA monthly limit. The only way around this would be if you are getting some kind of special consideration from your employer that enables you to remain on the job even though you are not performing your work to the level of other employees doing the same work.

In addition to work activity, both SSI and SSDI have other non-medical requirements that have to be met in order to receive benefits. For example, you have to have worked long enough to be insured for SSDI. If you are not insured, your claim is denied even if you have an impairment that meets a listing. Other than the performance of SGA, this would be the only non-medical requirement that could affect your eligibility for SSDI.

Since SSI is a need based program it has more non-medical requirements that affect eligibility t05 benefits. For example, like all need based programs there are income and resource limits that have to be met prior to your receiving disability benefits.

These non-medical factors are so important that they require an evaluation when you file your application and again if you are approved for SSI disability benefits. SSI claims specialists have to complete an end line interview known as a PERC when your disability claim approval is received. During your PERC, you will have to provide information to show that you still meet the programs income and resource limits. If you do not, your SSI claim is denied even though you have a condition that meets an impairment listing.

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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