WHY AGE IS THE MOST IMPORTANT THING

One of the most important criteria in disability claims is your age. This reflects the philosophy that at certain ages it becomes more difficult to adapt to new jobs and types of work. So, if you are age 49 or younger, Social Security says every job in the United States is available. This means such jobs as toll booth collector, identification clerk, security monitor watcher, credit card clerk, etc.

Thus, even if you have an orthopedic impairment that rules out your past relevant work (PRW) as a construction worker but you are 49 or younger, you would not be considered disabled until you have ruled out all the light/sedentary jobs like the examples cited above. This is true even if you have never been trained or educated for any light/sedentary jobs. Social Security will assume you are still young enough to adapt to new job situations without any special training.

An objection we often hear from claimants is, "But nobody will hire me." Social Security doesn't consider whether you can find a job; they only consider whether you would be able to perform a certain job.

The 3 age categories in Social Security disability regulations are:

• YOUNGER AGE (UNDER AGE 50)

• APPROACHING ADVANCED AGE (AGE 50 - 54)

• ADVANCED AGE (55 AND OLDER)

Thus, a claimant who is 50 to 54 will still have to rule out the ability to perform any past relevant work, but usually will not be denied because he/she can perform other light work.

A claimant who is age 55 or more will be treated even more gently by the Social Security rules. He or she may easily meet a Medical-Vocational Guideline ("grid rule") that considers them disabled.

So, when a disability attorney asks, "What is your age," it is a very pertinent question. Age tells the attorney which rules he/she will be dealing with, and how difficult it will be to prove the case.

When you call The Forsythe Firm for help, we will indeed ask your age. This helps us to understand how heavy the lift will be to get you a Social Security disability check. Some cases are harder than others. A lot depends on your age.