Helping Workers 50+ Navigate Social Security Disability Claims
When health conditions make it difficult to continue working, you may decide to apply for disability benefits from the Social Security Administration’s disability programs – Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). However, the SSA may deny your claim if it finds that you can transition into another job despite your limitations, given your work experience, training, and education.
If you’ve become disabled after turning 50, your ability to work in a new role may become more limited, as you may have fewer transferable skills or training. Fortunately, the SSA’s rules recognize that older workers have a more challenging time moving into new jobs, and take a more flexible approach to finding workers 50 and older disabled. An experienced SSD lawyer from Disability Advocates Group can explain how disability determination guidelines differ for people 50 and older and how these rules can help you obtain disability benefits.
How Disability Advocates Group Can Help You
A disability benefits attorney from Disability Advocates Group can help you pursue benefits from the Social Security Administration’s disability programs when you become disabled after age 50 by:
- Explaining how the complex Social Security guidelines and regulations apply to your claim
- Gathering medical records and other evidence, including narrative letters from treating providers, co-workers, supervisors, friends, or family members, to explain how the grid rules may apply to your case
- Building a compelling SSD application and communicating with the Social Security Administration on your behalf, including responding to requests for additional information or preparing you for consultative exams
- Pursuing administrative appeals to challenge an initial denial of your SSD benefits claim, including requesting a hearing before an Administrative Law Judge, if necessary
Why Age 50 Is a Critical Milestone in Disability Claims
The Social Security Administration’s “grid rules,” formally known as the Medical-Vocational Guidelines, provide guidance for major functional and vocational patterns that occur in cases where the SSA cannot evaluate a person’s disability benefits claim on medical considerations alone, when the person with a severe, medically determinable physical or medical impairment does not engage in substantial gainful activity, and the individual’s impairment prevented them performing vocationally relevant past work. The guidelines also analyze vocational factors, such as a person’s age, education, or work experience, in combination with their residual functional capacity to determine their ability to engage in substantial gainful activity in roles other than vocationally relevant past work.
The guidelines break down analysis into work capability limited to sedentary, light, medium, or heavy/very heavy work due to a severe medically determinable impairment. However, when a person turns 50, the guidelines take a more flexible approach to finding that such individuals have residual functional capacity. The guidelines categorize individuals as “younger individuals” (age 18-49), “individuals approaching advanced age” (age 50-54), and “individuals of advanced age” (age 55 and over).
How the Rules Work for People Age 50 and Older
The grid rules can make it easier for individuals aged 50 or older to qualify as disabled, making them eligible for Social Security disability benefits. For individuals with a maximum sustained work capability limited to sedentary work, the rules state that individuals aged 50 to 54 may have limited vocational adaptability when restricted to sedentary work. When such individuals have no past work experience or cannot perform vocationally relevant past work and have no transferrable skills, the rules typically find them disabled unless they have recently completed education that allows them to enter into sedentary work. For people aged 55 and older, the regulations require very little or no vocational adjustment to find an individual able to transfer into a new position.
For individuals with a maximum sustained work capability limited to light work, the rules state that a person aged 55 and older who cannot perform vocationally relevant past work and has a history of unskilled work, skills not readily transferable to a wide range of semi-skilled or skilled work, or no work experience typically qualifies as disabled. People aged 50 to 54 may also qualify as disabled under those same circumstances if their age significantly limits their vocational adaptability and their illiteracy significantly limits their vocational scope.
Common Disabilities at Age 50 or Older That May Qualify
Various medical conditions may make it more likely for people aged 50 and older to have limitations that restrict them to light or sedentary work, allowing them to utilize the grid rules that make it easier to achieve a finding of disability during an SSD claim. Common conditions that may enable individuals 50 or older to fall under the more flexible grid rules include:
- Severe back injuries
- Degenerative disc disease
- Arthritis
- Joint issues, including soft tissue injuries or degenerative loss of cartilage
- Diabetes
- Vision or hearing loss
- Hypertension and cardiac problems
- Mental health issues, such as anxiety or depression
For people aged 50 and older, the cumulative effect of multiple chronic health conditions can have a greater impact on residual functional capacity than for younger individuals.
Tips for Strengthening a Disability Claim After Turning 50
A person who develops a disability after turning 50 can improve their chances of success in a Social Security disability claim by following best practices, such as:
- Make sure you have complete, thorough medical documentation to build a robust case and prove the existence and severity of your medical condition(s). Avoid having any significant gaps in doctor’s appointments, treatment, or rehabilitation, unless the record explains the reason(s) for those gaps.
- Keep track of your work limitations and attempts at returning to work. You can also keep notes of specific incidents when your condition(s) prevented you from performing work tasks.
- Have your treating physician(s) provide narrative letters to describe the physical or mental limitations caused by your condition(s) and explain how those limitations affect your ability to perform various work tasks (e.g., sitting, standing, lifting, following directions, remembering, interacting with others).
- Work with your medical providers and legal counsel to highlight barriers to your ability to transition to another job due to your age and declining work adaptability (including the increasing outdatedness of your education, training, or experience).
Contact Our Firm Today for Guidance and Advocacy
If you’ve developed a disability after turning 50, Social Security rules can make it easier for claims reviewers to find you disabled and eligible for financial benefits. Contact Disability Advocates Group today for a free, no-obligation consultation with a seasoned SSD benefits attorney to discuss your benefits eligibility.
