THE AGE 50 "SWEET SPOT" FOR SOCIAL SECURITY DISABIILTY

Below age 50?  It's very difficult (not impossible) to get approved for Social Security disability benefits.

Age 50 or above?  Your odds of getting approved just got a lot better.

Why does age make so much difference to Social Security?

The answer is the grid rules, officially known as the Medical-Vocational Guidelines.

Without going into complicated explanations of grid rules, here's the basic logic:

BELOW AGE 50:  a claimant will go all the way to Step 5 in the five-step decision making process.  The question will be:  Is there any work in the national economy that this claimant could perform?

"Any work" includes entry level, low paying, unskilled jobs that require no specific education, training or experience.  Jobs like silverware wrapper, laundry folder, small parts sorter or hand packager.  The ability to do this type of work is enough to get you denied if you are under age 50 -- "a younger individual."

AGE 50 OR OVER (Qualify for the grid rules):  At 50, your age category changes.  At ages 50-54, you are no longer a "younger individual."  You have entered the age category called "Closely Approaching Advanced Age."  These claimants often only go to Step 4 of the five-step sequential process.  The question is "Can the claimant perform any of his/her past relevant work?"  If the answer is no, you may be found disabled.  If your past work was at the medium exertion level, it doesn't matter that you can still perform light or sedentary work.  So, it doesn't matter if you can be a silverware wrapper, laundry folder or hand packager.

Because of the grid rules, your attorney or representative must do the following things at your hearing:

1.  Get the vocational witness to properly classify your past work as far as (a) skill level and (b) exertion level.

2.  Present evidence to help the judge properly establish your 'residual functional capacity' or RFC.  Your RFC is the maximum you can still do in terms of work related functions:  sitting, standing, walking, lifting, bending, reaching, crouching, crawling, kneeling, etc.  Medical records should be used to show that you have limitations in these functions that limit you to, say, sedentary work--so that you cannot perform light, medium or heavy work.

3. Evaluate the grid rules to make them work for you.

The goal for persons age 50 and over is to show that you are not able to perform the demands of your past relevant work (work you have done during the most recent 15-year period).  The grid rules, if used properly, may actually direct the judge to a finding that you are disabled according to Social Security's rules and regulations.
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Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PH (256) 799-0297