Age and Social Security Disability Claims

How Age Affects Social Security Disability Claims

As you move along in your Social Security disability case, your St. Petersburg Social Security disability attorney will likely explain that the majority of Social Security disability applicants must prove to the Social Security Administration that they are unable to return to their past relevant work and that they cannot perform other work. However, your St. Petersburg Social Security disability attorney may explain that a claimant’s age can have a significant impact on how lenient the Social Security Administration will be with its determination.
Past Relevant Work

Your St. Petersburg Social Security disability attorney can explain that the first step is determining that you are unable to perform past relevant work. This term consists of any job that you have had during the 15 years preceding your application that you sustained long enough to learn how to do. Your St. Petersburg Social Security disability attorney can explain that Social Security disability claim will not be approved if you have the residual functional capacity to perform any one of these positions. If the Social Security Administration decides that you can perform this type of work, your claim will not get to the stage where the Medical-Vocational Guidelines are considered. However, if you are found to be unable to perform past relevant work, your St. Petersburg Social Security disability lawyer can explain that your case will be evaluated under the Medical-Vocational Guidelines.

Medical-vocational Guidelines for Applicants Over 55

Your St. Petersburg Social Security disability attorney is responsible for explaining that the Medical-Vocational Guidelines are used to determine the type of work that you are capable of doing. Additionally, your St. Petersburg Social Security disability attorney may explain that the older you are and the greater severity that your impairment has on you, the more difficult it will be for you to adjust to a different job. The Social Security Administration takes this reality into account.

Unskilled Light Work

Your St. Petersburg Social Security disability attorney can explain that if you are 55 or older and if you are limited to work that is both unskilled and light, the Medical-Vocational Guidelines mandate that the Social Security Administration presumes that you are incapable of adapting to other types of work because of your age. A St. Petersburg Social Security disability attorney seasoned in the Social Security disability claim process can use this presumption in order to help you be approved for benefits.

Early Retirement Benefits

Some individuals who are disabled and about 62 years old actually choose to petition for early retirement benefits, rather than applying for Social Security disability benefits. However, this is often ill-advised because Social Security penalizes individuals with reduced benefits when they apply early. Your St. Petersburg Social Security disability lawyer can explain that by receiving Social Security disability benefits until you reach full retirement age, you can keep your full retirement benefits intact.

Establishing that you are not able to do past relevant work is one method that a St. Petersburg Social Security disability lawyer can use in order to help you with your case. Contact Mike Murburg by calling (877) 774-2889.