by CFKJ LawHow Does My Age Affect My Social Security Disability Claim?
The Social Security Administration (SSA) considers several factors to establish an individual’s entitlement to Social Security disability or Supplemental Security Income (SSI) disability, and age is one of those criteria.
Social Security Disability Vocational Guidelines
The SSA has established vocational guidelines to aid disability claims examiners in their decision-making process. These medical-vocational guidelines have become known as the “medical-vocational grid,” or simply “the grid.”
How the Grid Affects Your Disability Benefits
What does the grid have to do with your age? How do either affect your ability to receive Social Security disability? The grid takes into consideration factors other than medical information when making a disability decision. These other factors include your age, skills, and education, in addition to your residual functional capacity. (***Per the SSA, your residual functional capacity assessment is your impairments, and any related symptoms, such as pain, which may cause physical and mental limitations that affect what you can do in a work setting. Your residual functional capacity is the most you can still do despite your limitations.)
Social Security has set up four age categories to help with the disability decision process:
- “Younger individual” is labeled by ages 45-49 and those below age 45,
- “Closely approaching advanced age” means age 50-54,
- “Advanced age” means age 55 and over;
- “Closely approaching retirement age” means age 60 and over.
Social Security uses these age groups, along with an individual’s residual functional capacity, the skill level of an individual’s past work, and the individual’s education to establish an individual’s disability. For example, if you are under the age of 50, you have little formal education, and you are limited to sedentary work, you would most likely be denied disability if you are literate, even if you haven’t performed skilled work before. However, using the same example, if you are over 50, you are much more likely to be granted disability benefits.
The medical-vocational grid rules are generally favorable if an individual is approaching advanced age (ages 50 – 54). However, the Social Security medical-vocational rules are most favorable to individuals who are 55 and older. Social Security expects a worker to take on very little vocational retraining at this age.
These are just examples. Even if you do not fit the medical-vocational classifications for an approval at your age exactly, there is still a chance that your disability claim is winnable.
To learn more about how we can help you file for social security benefits, please contact our office by calling us today for a free consultation at 618-252-7422.
by CFKJ Law4 Reasons To Hire an Attorney Before you File for Social Security Disability Benefits.
Often clients will come to us only after they have been denied Social Security Disability Insurance (SSDI) benefits. While we’re always happy to help clients at any stage of the process, we wish that we had been able to help them from the beginning when they completed the initial application. Why is that?
- Your Chances of Getting Awarded Disability Benefits Are Greatly Increased If You Hire Counsel Before You Apply.
Most SSD applications are initially denied. Nationally, 64% of initial applications are denied. The reconsideration appeal level has the lowest approval rating at only 13.8%.
In September 2012, the Social Security Advisory Board released a report which said that the help of a third-party representative has “the potential to greatly expedite the disability determination process, while ensuring that the claimant receives the most informed determination possible at the initial claims stage.”
If we are there at the beginning, helping our clients fill out the application and collecting the medical evidence required for their application to succeed, it is more likely that they will get the benefits they need sooner rather than later. We can ensure that your application is complete, accurate, and in the proper format.
- You Will Be Represented at Application and at any Administrative Hearing.
Another great reason to hire counsel before you are denied benefits is so that you will not have to navigate the system alone. The administrative rules, procedures, and regulations that apply to disability benefits or supplemental income benefits are confusing and complex.
Plus, many people find the initial application process to be uncomfortable or they do not feel they can present themselves very well or provide the right information. When you hire counsel at the beginning of your case, you will be represented at all levels of the application process and you will have the advice and guidance you need if the SSA orders you to undergo a medical examination.
- Advice of Counsel.
Probably the most important reason of all is because when you hire counsel, you will have someone to fight for you, answer your questions, and to advise you every step of the way.
- An SSD benefits lawyer works on a contingency-fee basis.
At Culley, Feist, Kuppart & Jordan, LLC, we work on a contingency-fee basis. Our legal fees depend on the awards we obtain for our clients. You won’t pay any fees to us up front and won’t ever pay us a fee until we help you obtain SSD benefits. Essentially, we don’t get paid until we help you get paid.
Our fee is limited to 25% of the past-due benefits you are awarded, up to a maximum of $6,000. Note that we will be paid only out of your past-due benefits, or “backpay.”
To learn more about how we can help you file for social security benefits, please contact our office by calling us today for a free consultation at 618-252-7422.