The hearing with an administrative law judge (ALJ) is a critical step in the journey for individuals seeking Social Security disability benefits. While the hearing itself can be stressful, the post-hearing period brings its own set of challenges and uncertainties. After your hearing, your case must undergo a final review before you receive the final decision.
Understanding this process, which may include a nonmedical review, is essential for effectively managing your case. In this article, we will explore key elements to consider in your nonmedical review after an ALJ hearing and what you can expect moving forward.
Understanding Medical and Nonmedical Reviews
If the Social Security Administration (SSA) denied your claim at the initial and first appeal stage, called the Request for Reconsideration, because they determined that you are not disabled, you can request a hearing with an ALJ. At your hearing, the ALJ will determine if you meet the medical requirements of disability — that is, you must demonstrate an inability to do full-time work due to a severe physical or mental disability. At the hearing, the judge will focus on your medical condition to determine if you can do your past work or other full-time work in the national economy.
If the ALJ determines that you meet the medical requirements of disability and that you are disabled, the SSA will ensure that you meet its nonmedical requirements before they issue your benefit payments.
After an ALJ hearing, the judge conducts a post-hearing review to consider all evidence, testimony, and arguments presented. In some cases, the ALJ may seek additional medical evaluations to fully develop the claim. The ALJ will then issue a written decision based on all submitted evidence and testimony, which is mailed to the claimant and their representative, if applicable. If the claimant disagrees with the ALJ’s decision, they have the right to file a request for review with the appeals council within 60 days of receiving the decision notice.
What Is a Nonmedical Review?
After the ALJ issues a favorable medical decision, the case is sent to the processing center and the local SSA office for a nonmedical review. This review focuses on factors like your work history, other public disability benefits, current income, and assets (for Supplemental Security Income, or SSI).
The SSA will verify the information you provided in your application and may request additional documentation. You may receive phone calls or letters requesting documents or explaining aspects of the review process. You may also need to mail in documents. It’s crucial to respond promptly and accurately to these requests to avoid delays or denials.
Once the nonmedical review is complete and all requirements are met, the SSA will calculate and process your benefit payments.
What Are the Nonmedical Requirements for SSDI?
Qualifying for SSDI (Social Security Disability Insurance) involves more than just a medical diagnosis. These nonmedical requirements are also essential.
Work Credits
To qualify for SSDI benefits, you must have earned enough work credits to be “insured” for the program. These credits are accumulated through the payroll taxes you pay while working. You can confirm that you’ve paid Social Security taxes by looking at your W-2 statement or 1099 pay stubs. If you have not paid enough FICA taxes, you are not eligible for SSDI benefits. To be insured, you must have at least 20 work credits during the past 40 quarters (10 years). You can earn four work credits per year. In 2025, you earn one work credit for every $1,810 you earn.
Age
Age is also a nonmedical requirement for SSDI. You can only receive SSDI benefits until your full retirement age. To find out your full retirement age, use the SSA’s Retirement Age Calculator. Once you reach full retirement age, your SSDI benefits will end, and the SSA will issue your retirement benefits.
Citizenship
Your citizenship and legal status in the United States may also impact your claim for SSDI. United States citizens are eligible for SSDI benefits, but you do not have to be a citizen to qualify for SSDI benefits. If you are a non-citizen, you can receive SSDI benefits if you are lawfully living in the United States.
Assets and income
The amount of assets you have or passive income you receive has no impact on your eligibility for SSDI benefits. Passive income is any income that you receive that’s not related to any work activity. Since it’s not related to work activity or your ability to perform work, your passive income will not impact your eligibility for SSDI.
Public disability benefits
The receipt of other public disability benefits, including workers’ compensation or short-term disability benefits, does not impact your eligibility for SSDI benefits. However, the SSA requires this information to properly calculate your SSDI benefits.
The SSA will reduce your SSDI benefit if the total amount of your public disability benefits exceeds 80% of your average monthly earnings. If your public disability benefits exceed the 80% limit, your SSDI payment may be reduced until it’s at the 80% limit. This is called the 80 percent rule.
What Are the Nonmedical Requirements for SSI?
SSI, or Supplemental Security Income, is a needs-based program that offers benefits to people with limited or no income and assets. When you apply for SSI benefits, the SSA will do a review to determine your eligibility. After an ALJ decision, the SSA must do another review to confirm your eligibility.
Income requirements
SSI is available to individuals who do not receive more than $1,971 in income each month. The income limit increases for couples and when parents apply for children. The SSA will look at all sources of income including wages, other disability benefits, unemployment, and pensions in determining your eligibility for SSI.
Asset requirements
To receive SSI benefits, your resources cannot be more than $2,000 for individuals or $3,000 for couples. Resources are the things you own that count toward the resource limit. Common resources are cash, personal property, stocks, and vehicles. Some resources do not count against this limit. These include the home you live in, the land it is on, and one vehicle that you use for transportation. To get a full list of resources and exceptions, visit the SSA website.
Citizenship
To be eligible for SSI, you must be a US citizen or must be in one of the following classifications granted by the Department of Homeland Security:
- Lawfully admitted for permanent residence
- Granted conditional entry
- Paroled into the United States
- Admitted as a refugee
- Granted asylum
- An alien whose removal is being withheld
- A Cuban or Haitian entrant
- Admitted as an Amerasian immigrant
- Admitted as an Afghan or Iraqi Special Immigrant
- Admitted as an Afghan humanitarian parolee or Afghan Non-Special Immigrant parolee
- Admitted as a Ukrainian humanitarian parolee
Tips for Navigating the Nonmedical Review
The nonmedical review stage involves a Social Security representative conducting a final review to ensure that the applicant still meets the nonmedical requirements for disability benefits. Providing accurate documentation, including financial information and work history, is essential during the final review process to establish eligibility for benefits.
Ensuring complete documentation
Keeping records up to date is essential, as regular updates to the SSA regarding changes in income, resources, living arrangements, or legal status can prevent complications in the claims process.
If you have applied for SSI benefits, it is important to keep a record of and organize your documentation regarding your income and resources. This includes your income verification, such as pay stubs or tax returns as well as other benefits such as TANF, SNAP, or state assistance. It also includes your resource verification, such as bank or trust statements. You will also need to keep track of your living situation, including documentation of your lease agreement and the associated utility bills.
If you have applied for SSDI benefits, you must provide documentation regarding your public disability benefits. You will need to keep a record of your award letter or payment status that tracks the benefit you received and the dates you received payment.
Comprehensive and well-organized documentation can significantly improve your chances of a favorable outcome in your disability hearing and review.
Communicating effectively with the SSA
It’s important to maintain clear and consistent communication with the SSA throughout the final review process. Promptly respond to any requests for additional information or documentation they may send. Keep detailed records of all communication, including dates, times, and the names of any SSA representatives you speak with. If you have any questions or concerns, don’t hesitate to contact the SSA directly for clarification. You can find accurate contact information using the Social Security Office Locator.
The final review process can add extra stress to an already challenging situation. Let the experienced team at LaPorte Law Firm take the burden off your shoulders. We’ll guide you through each step and fight for the benefits you deserve. Contact us today for a consultation.
FAQ
You must meet the SSA’s medical and nonmedical requirements to be eligible for SSI and SSDI benefits. If the administrative law judge determines you are disabled and issues a fully favorable decision, you can still be denied benefits after a nonmedical review.
The ALJ post-hearing review allows the judge to review the medical record and hearing testimony before issuing a decision. In some cases, the ALJ may need to obtain additional records during the post-hearing review before issuing the decision.
SSDI has no asset or income test. You do not have to have limited assets or income to qualify for SSDI benefits. Therefore, passive or unearned income does not impact your eligibility for SSDI benefits. Selling your home, 401(k) disbursements, or renting a room in your home will not impact your SSDI.
