When an individual reaches age 50, they are classified by Social Security as "Approaching Advanced Age." At advanced age, Social Security believes it is more difficult for an individual to adapt to new work. So, if a person can no longer do the job they have done for years, it's easier to meet the criteria for "disabled."
The burden of proof gets easier yet at age 55. You no longer have to prove you can't perform "any work" but that you can't perform any of your "past relevant work" (PRW). Past relevant work is the full-time work you have performed during the past 15 years.
Something you don't hear discussed much is the Medical Vocational Guidelines or "grid rules." These rules actually form a gird to see how age, residual functional capacity and education combine to influence disability eligibility.
A claimant who is 57 years old, is restricted to light work, and has a high school education and past relevant work as a welder could not be expected to transition into a new type of work. Hence, a finding of disabled would be appropriate under the grid rules.
Advancing age plays a very important role in the disability decision making process. It's simply easier to put together a winning case for someone who is over 50 than it would be for a younger individual. Your attorney/advocate can show you to make the grid rules work in your favor in a disability claim.
By: Charles W. Forsythe, The Forsythe Firm, Huntsville, AL If you have recently been denied Social Security disability benefits (SSDI), there is still a way to be approved and get paid. The denial i
Two disability programs are operated within the Social Security Administration. While these two programs are distinctly different in many ways, they are easy to confuse. 1. SOCIAL SECURITY DISA
Comments