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Cannon Disability Law > DISABILITY LAW BLOG > General > AGE DIFFERENCES IN SSD CLAIMS: WILL THEY HELP YOU?

AGE DIFFERENCES IN SSD CLAIMS: WILL THEY HELP YOU?

WHAT IS THE DIFFERENCE BETWEEN YOUNGER VS. OLDER INDIVIDUALS

Age differences are a key factor when the SSA decides your disability case. The Social Security Administration (SSA) uses age to define whether or not you are disabled. For example, age categories influence how the SSA assesses your ability to adapt to other work. Younger individuals (ages 18–49) are expected to adapt to a new job. If you are young, then the SSA expects you to go back to school or find a new job using your skills.

However, in the case of older individuals (ages 50 and above), the SSA assumes you will have problems finding a new job. For example, SSA’s rules mirror the reality that older people face discrimination in the job market. You simply may not be able to find a new job because of your age. Therefore, the SSA has different rules for older individuals.

The SSA’s medical vocational guidelines, known as the “GRID rules,” apply different standards based on age. These rules acknowledge that older people are less able to adapt to new jobs. As a result, older people have a higher chance of approval for benefits.

Understanding these age based distinctions is an important factor in winning your benefits. It allows for planning in presenting the facts of your case to the SSA. Tailoring your application to highlight age related challenges enhances the likelihood of winning your case.

age differences, old v. young

HOW TO FILE A CLAIM FOR SSDI AND SSI BENEFITS

Filing a disability claim involves several steps. First, you must begin by gathering the necessary evidence to prove your claim. This includes medical records and your work history for the past 5 years. Ensure all forms are completed accurately to avoid delays.

Submit the application through the online SSA’s application process or over the phone. After you submit your application, the SSA will determine if you are eligible for benefits based on criteria such as work credits for SSDI or financial need for SSI.

If the initial claim is denied, then you have 60 days to appeal the decision. Most people (up to 90%) are denied at the initial and the next appeal stage. Once you pass through the initial and second appeal stage, then you can request a hearing.

It can take up to one year to obtain a hearing date. Once you obtain a hearing date, you will have a hearing before an administrative law judge who works for the SSA. Seeking legal assistance can be beneficial during the five step disability review process. Having an SSD law firm represent you will improve your chances of winning.

WHAT IS THE DIFFERENCE BETWEEN SSDI AND SSI CLAIMS

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are both federal programs providing disability benefits. However, the requirements for each program is different.

SSDI benefits are based on your work history and the number of work credits you earned while working. You must have paid into the Social Security system through payroll taxes.

SSI, on the other hand, is a needs based program. It provides benefits to disabled people with limited income and resources, regardless of their work history. For example, children who have never worked but are disabled can get SSI benefits if they qualify.

Many people qualify for one program or the other, and some qualify for both programs. Understanding the differences between SSDI and SSI is essential when you apply for benefits. It ensures that you apply for the program that best fits your circumstances. Also, understanding the differences between the two programs increases your chances of winning benefits.

CAN YOUNGER PEOPLE WIN BENEFITS? WHAT ARE THE REQUIREMENTS?

Yes, younger individuals can win disability benefits. However, they face a higher burden of proof. The SSA assumes that younger people, who are below the age of 50, have the ability to adjust to other work.

To qualify, if you are below 50 years old, then you must prove your disability prevents you from performing any substantial gainful activity. This includes showing that you cannot perform your past work and that you cannot adjust to other work.

Again, if you are below 50, then the SSA expects you to be able to perform simple, seated work. They don’t consider that seated, entry level work doesn’t pay very well. Likewise, they do not take into consideration whether or not work is available where you live.

Medical evidence plays a critical role in SSD claims. You will need medical records from your doctor and other medical providers that outlines your physical and mental limitations.

For example, if you have a mental condition, see a therapist.  Mental health evidence goes a long way toward proving to the SSA that you cannot work. Learn about signs that you will win SSD benefits.

Additionally, you can submit evidence from your employer. For example, you can submit evidence showing that you were frequently absent due to illness. Or, you can submit evidence showing that you need multiple rest breaks during the work day. This type of evidence can help prove that you cannot sustain a full work day.

WHAT CAN YOU DO IF YOU DON’T HAVE A DOCTOR?

If you don’t have a doctor, then you need to find one. So many people believe that if they don’t have medical insurance they can’t go to the doctor. This simply isn’t true. There are free clinics available for you. Additionally, there are many doctors who accept payment plans and have low cost options.

In order to find a doctor you need to take the first step by calling and making an appointment. If you need medical treatment or counseling, and you cannot afford it, then please see our lists of free resources.

Using these free resources, you could get treatment from a counselor, nurse or doctor. They can also give you medication.  Choose the state where you live and call the free clinic for medical care. The resources on our lists will help you get the treatment you need.  We also hope you use these resources to build the medical records you need to win your SSD case.

DO OLDER APPLICANTS HAVE A BETTER CHANCE OF WINNING?

Yes, older individuals often have a better chance of winning their disability case. The SSA’s GRID rules are helpful for individuals aged 50 and above.

50–54: CLOSELY APPROACHING ADVANCED AGE

For those individuals aged 50–54, the SSA acknowledges that finding new work is challenging. Approval rates increase in this age group as the SSA recognizes the limitations imposed by age discrimination. Additionally, once you are 50 the SSA does not expect you to go back to school to learn a new job.

55–59: ADVANCED AGE

Applicants aged 55–59 are considered to be of advanced age. The SSA assumes that this group will have difficulty finding work because of age discrimination This leads to higher approval rates. Additionally, the SSA rules regarding the your ability to do physical labor are relaxed.

60–67: RETIREMENT AGE

For those aged 60 and above, the SSA’s rules further acknowledge the reduced ability to get a new job. This age group experiences the highest approval rates for their SSD claims. In short, if you can prove that you are no longer capable of doing your old job, then you have a good chance of winning benefits.

AGE DIFFERENCES FOR YOUNGER PEOPLE

Younger individuals face unique challenges. The SSA assumes they can shift to other work or retrain for a different kind of work. You must demonstrate why this is not possible. Your records must link your medical condition to functional limitations.

For example, you will need medical evidence that shows you cannot lift, sit, stand or walk for extended periods of time. These limits will prove that you cannot sustain an eight hour workday.

Likewise, if you have mental illness, then your records should show that you cannot concentrate, finish tasks, or remember instructions. Additionally, those same records could show that you are not able to get along with other workers or your boss. Proper medical records and forms improve your approval odds.

Once you have these records, the judge will use them to question a job expert at your SSA hearing. Expert testimony can show that your age, education, or lack of skills prevents work.  It is wise to hire a lawyer to frame these materials properly for the judge. Also, your lawyer can question the job expert.

HOW AGE DIFFERENCES HELP OLDER INDIVIDUALS

Older individuals benefit from SSA rules, but strong evidence is still necessary. Medical records must clearly show how your medical conditions limit you from being able to do your past and other work. Factors like age, education, and transferable skills are important to the argument.

Lawyers can use the GRID rules to prove that you cannot work. Age categories provide a legal advantage, especially when combined with a strong record of severe medical symptoms that are not responding to treatment. Appeals are often won by proving that learning new job skills or being able to finish your job shift are not possible given your age and health.

Evidence should include consistent medical treatment over time. Going to the doctor once or twice a year won’t cut it. Showing consistent treatment, worse symptoms, and functional limits will strengthen your claim for benefits. At your disability hearing, expert testimony can also be used to show why other work is not possible. This is usually done by your lawyer asking questions of the job expert.

COMMON PITFALLS IN SSD CLAIMS

The most common mistakes when filing an SSD claim include missing deadlines and a lack of medical evidence. Younger people often fail to show why other work is not possible. Older individuals sometimes don’t recognize the importance of medical records. For example, they think that the fact they were fired from their job is enough evidence to prove their case. It isn’t.

Incomplete work histories or missing medical records weaken your claim for benefits. Lawyers help ensure that they collect and submit all your medical evidence. They also anticipate potential challenges from the SSA. When you seek an SSD attorney, make sure you hire one with decades of experience dealing with the SSA.

Appeals can also be complex without legal representation. Many people lose their case because of the things that they write on SSA’s paperwork. Additionally, for some reason, many people think that SSA’s time frames are optional. They are not. All appeals must be filed within 60 days of the SSA’s denial. Also, hearings, and federal court review require precise arguments. An experienced SSD law firm can guide you through each stage of the disability process.

HOW HIRING A LAWYER HELPS YOU WIN

At our SSD law firm we are experts in helping our clients win Social Security Disability benefits. Our experienced attorneys understand the complexities of the SSA’s evaluation process and can provide valuable assistance.

We offer comprehensive services, including assistance with filing applications, gathering medical and job evidence, and helping you testify during your hearing. Our goal is to ensure that all aspects of your claim are prepared and presented properly.

Hiring a lawyer can improve your chances of a successful outcome in your case. Legal representation will help you deal with the disability claims process. Also, we can help you through the potential problems with your application and advocate on your behalf.

If you are considering filing an application for SSD benefits, then contact us for a free review of your case. Our team can help you understand your rights and pursue the benefits you deserve.

HIRE THE BEST SSD LAW FIRM NEAR YOU

It is true that your age significantly affects the SSA disability evaluation. Younger people must demonstrate that their medical condition prevents all work and retraining. Older individuals benefit from SSA’s rules regarding their ability to adapt to a new job.

Proper medical evidence and legal guidance are crucial for success in your claim for SSDI and SSI benefits. Hiring an experienced SSD lawyer triples your chances of approval. Our SSD law firm handles claims across all age groups and ensures your case is in a position to win benefits.

We have been in business for over 30 years. During that time our SSD law firm has won over 20,000 SSDI and SSI claims. Legal experience counts. You should hire the best SSD law firm to help you with your claim.

By understanding the nuances of age, program type, and SSA rules, you can improve your chances of winning SSD benefits. Call us and ask us your questions. No matter the age differences in SSD claims, put our experience to work for you. We can help you win the benefits that you deserve.

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