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How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

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.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

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Getting disability for fibromyalgia

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Common Mistakes to avoid after being denied for Disability

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Social Security Disability SSI definitions

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Who can help me file for disability?




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?



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








For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.