Overview of Disability

Disability Back Pay

Disability Requirements

Disability Applications

Disability Advice Tips

How long do cases take?

How to win Disability

SSD Mistakes to avoid

Disability for Mental

What if you get denied?

How to file Appeals

Disability through SSA

SSI Disability Benefits

Disability for Children

How do I qualify for it?

Working and Disability

Disability Award Notice

Disability Lawyer Q&A

Disability Conditions List

What is a disability?

Your Medical Evidence

Filing for your Disability

Disability Eligibility

SSD SSI Definitions

Recent Questions

SSDRC Disability Blog

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


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