Does Age Matter For My Social Security Disability Case? It Sure Does!

Filed January 17th, 2012 tmccoy

by: Douglas Kugal, Esq.

There are special rules used to determine if you qualify for disability benefits and your age is a big factor in that decision. There are medical vocational guidelines and if you fit into a certain category you may be found disabled even if able to work in some capacity. But if you are a younger individual, (below age fifty) you must be able to prove that you are unable to work in any capacity.

So, what if you are at a borderline age? There are several factors to be considered to determine what age category should be applied. The mere fact that, for example, you are three months from turning age fifty, does not mean that you will be treated as if you are age fifty. Instead, a sliding scale system is employed to determine if the higher age category should be applied.

To receive the advantageous benefit of being treated older then your actual chronological age, there must be evidence of progressively more additional vocational adversities. Examples may include additional impairments which narrow the occupational base or only a marginal ability to communicate in English or you have a history of work at an unskilled job.

Absent a showing of an additional adversity to justify using the higher age category, your chronological age will be used even it means the result will be a denial or a later onset date awarded.

So, be sure to focus on your treatment. If your doctor agrees that you are disabled and unable to work in any capacity then your age will not be an impediment to your success.

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