Age is a Factor in Social Security Disability Cases
Yes, age is a factor in most social security disability claims. Social Security looks at age as a significant factor if the disease or medical condition of the claimant does not meet one of the medical criteria. At the age of fifty, the bar is lowered for a claimant to qualify for benefits. The bar is lowered further at the age of fifty-five. At age 55 to 60, vocational adjustment is another regulation that offers guidance that further eases the burden of proof.
The Social Security Administration looks at a number of different factors to determine whether or not a claimant is disabled. By far, the most important is the claimant’s residual functional capacity to perform work. However, the Administration will also look at his or her education, language skills, work experience, and age to conclude whether or not to award benefits.
In regards a person’s chronological age, this determines whether he or she will be placed into one of three main categories and possibly one of two subcategories:
A younger individual is below the age of 50.
An individual closely approaching advanced age is 50 to 54.
An advanced individual is age 55 or over.
The two subcategories are for younger individuals aged 45-49 and those who are over the age of 60 who are closely approaching retirement age.
Why is age so important when determining whether or not someone qualifies for Social Security disability?
Under the Medical Vocational guidelines promulgated by the Administration, a person that is capable of doing a certain level of work may be found not disabled at a younger age, but may be found disabled at the same level of work but at an older age category.
The reasoning for this determination made by the Administration is because the senses, joints, eye-hand coordination, reflexes, and thinking processes, diminish with age. Simply put, the older we get the harder it is for us to adapt to new technology and learning requirements for jobs out in the economy. The longer you work the more your mind and body wear out and the harder it is for you to adapt to the ever increasing demands the economy requires.
In essence, it is difficult to teach an old dog new tricks and the Social Security Administration knows this. Therefore, for example, a person that is 60 years old with a high school education and ability to perform sedentary work but lacks the skills necessary to enter into the marketplace will be found disabled; but, a 43 year-old individual with the exact same education and work capacity will be found not disabled.
Social Security realizes that as age goes up, the ability to adjust to new or different types of work becomes a disadvantage for someone with a medical condition that will no longer allow them to continue working at their usual job. It affects their abilities to walk, lift, bend, reach, carry objects, etc. The concept of vocational adjustment applies as mentioned above. In order to find a person 55 or older capable of doing other work there should be very little vocational adjustment in terms of work settings, tools, work processes, or the industry.
It is highly recommended that you contact the Law Office of Burke Barclay for a thorough discussion of your condition and how it has affected not only your ability to work, but also your life itself. Call us now for a no cost consultation, and for guidance on how, when, and where you should file your claim. Having an experienced and knowledgeable attorney at your side each step of the way will be a major plus as you go through this difficult and complicated process.
The time to talk to us is BEFORE you file your claim. Have a plan BEFORE filing. Mistakes made at the beginning of your claim will follow you through the entire process. A no cost consultation from an experienced Social Security disability attorney is the right thing to do.
You Need an Experienced Social Security Disability Lawyer
We represent claimants fighting for their Social Security disability benefits throughout Texas and California. Contact the Law Office of Burke Barclay for a highly experienced Social Security Disability Lawyer in Dallas, Texas
"Experienced Social Security Disability Lawyer representing clients throughout the United States who either need to initially file for their Social Security disability benefits or have been denied at one of the various stages throughout the process to give them the best chances of success."
Business Address
3838 Oak Lawn Ave.
Suite 1000
Dallas, TX 75219
Business Phone
Business Hours
Monday - Friday
8:00 AM - 5:00 PM