We seem to live in a culture obsessed by age, and the Social Security disability rules seem to reflect that. Etiquette and good manners tell us that it is rude to ask a woman how old they are. But unfortunately I have to be rude every day when I talk to folks in my law practice by asking them how old they are because age matters in a social security disability claim.
More specifically, being over the age of 50 matters to the Social Security Administration in considering whether you could perform work other than the work you used to do. It is true that it is harder to get social security disability benefits for the younger, and that claimants over the age of 50 years of age generally have an easier time getting social security disability. This is because SSA recognizes that as we age it gets harder to learn to do something new – it is indeed hard to teach an old dog new tricks!
On the other hand, if the claimant is -under 50 years old social security in general will not find age to have a serious effect on the applicant’s ability to perform a different type of work.
Lets contrast 2 claimant with the same work background and the same restrictions, one 50 years of age and one 35 years of age:
|50||Unskilled, performed at "light" exertional level.||unable to stand and walk for most of the workday and no lifting over 15 pounds||APPROVED|
|35||Unskilled, performed at "light" exertional level.||unable to stand and walk for most of the workday and no lifting over 15 pounds||DENIED|
Notice there is only one difference between these 2 claimants: age.
If you live in Dallas Fort Worth, North and East Texas, visit my website at disabilityapproved.com for a free case evaluation.