Age in Disability Claims

How Age Impacts Disability Claims

Under the Age of 50

If you fall within this age group, there must be persuasive medical evidence that you are unable to  complete a full work week at the sedentary level or that you meet or equal the severity criteria of a Listed Impairment.

Sedentary work involves lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although a sedentary job is defined as one which involves sitting, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally (1/3 of the day)  and other sedentary criteria are met.

Some examples of medical conditions that would prevent you from being able to work a full work week or would cause you to miss work  or be late  as least  2 or more days per month even at the sedentary level:

  • Epilepsy
  • Migraine
  • Immune disorders
  • Neurological disorders
  • Heart disease
  • Lower extremity swelling for any reason

Another example. Separately from excessive absences from work, if you would require workplace accommodation(s) that are incompatible with competitive work you may meet the definition of disability. Some examples include:

The need to elevate your legs/ feet because of swelling or pain caused by:

  • Diabetes and Diabetic neuropathy
  • Heart failure
  • Fractures and/or surgeries to your lower extremity(s).
  • Multiple hospitalizations with a 12 month period.
  • The need to take excessive unscheduled breaks

Whatever the basis is of your claim, you must have supportive testing AND the support of your treating doctor(s). Some examples of supportive testing are:

  • EMG
  • MRI
  • Vascular testing
  • X-rays
  • Laboratory tests

Claims based solely on mental health are very difficult to win if you are under the age of 50 but not impossible.  Examples of mental health conditions that can be successful:

  • Schizophrenia
  • Schizoaffective disorder
  • Autism Spectrum
  • Anti-Social Personality Disorders
  • Functional Neurological Disorders

Mental impairments can be a basis for a successful claim but there must be more than just a diagnosis of, for example, depression, bipolar, PTSD, General Anxiety Disorder.  There must chart notes recording observed symptoms associated with the underlying diagnosis.

In our experience, most successful claims based solely upon mental health problems usually have multiple hospitalizations within a 12-month period despite compliance with treatment and medications.  Like any other impairment, you must have the support of your treating sources AND a mental health professional

Between 50 and 54

If you are between ages 50 and 54 the SSA’s definition of disability is weighted a little more in favor of the claimant.  You may meet the definition of disability if your medical conditions would limit you to only Sedentary occupations and all your occupations within the last five years did not provide you with any useful transferrable skills.

Examples of job skills that are not transferable to the sedentary level:

  • Construction trade skills (Iron workers, Steel workers, Plumbers Electricians, Brick layers, Construction labor, etc.)

On the other hand, if all your jobs within the last 5 years were unskilled or possibly semiskilled, or if you haven’t worked in the last 5 years, you would not have any transferable skills. In that case, if you are limited to sedentary unskilled work, you may meet the SSA’s definition of disability.

Any ambulatory device such as a cane, crutches, rolling walker or wheelchair would limit you to the sedentary exertion level and thus, potentially meet the SSA’s definition of disability

It is important that you call us BEFORE you file your application so that we can advise you on how to lay the groundwork for a successful claim.  This would include preparing you for the various SSA forms that will be sent to you t to you to complete. These forms are misleading, often completed incorrectly and are used to deny claims.

On initial application, the SSA will send you out for an examination by one of their contract doctors.  These examinations are almost never helpful. When this occurs, we prepare our clients for these exams and help you take steps to protect your claim.

If your impairments prevent you from being able to work a full work week or cause you to miss work  or to be late  as least  2 or more days per month, you may meet the SSA’s definition of disability.  Examples of medical conditions that might cause this are:

  • Epilepsy
  • Migraine
  • Immune disorders
  • Neurological disorders
  • Heart disorders
  • Chronic Pain Syndrome

Examples of conditions that could limit you to Sedentary work or less  than Sedentary work:

  • Excessive absences from work.
  • Workplace accommodations such as the need to elevate your legs or feet due to your condition (swelling or pain)
  • The need for frequent unscheduled breaks.

Some examples of impairments that might cause this are:

  • Diabetes and Diabetic neuropathy
  • Heart failure
  • Fractures and/or surgeries to your lower extremity(s).
  • Arthritis to a weight bearing joint
  • Spine surgery
  • Respiratory Disorders (COPD, Emphysema, Interstitial lung disease)
  • Immune disorders

If you are in this age bracket, call us before or as soon as your application is filed.

Between 55 and 62

If you are in this age bracket, it is even more important to call us before or as soon as you file.  Generally, if you are in this age bracket, the following are the most common reasons why claims are denied:

  • The SSA determines that you can return to any job you have performed in the last 5 years. Maybe not as how you performed the job but as the job is performed in the general economy; or
  • You still have useful skills that transfer to the light or sedentary level of exertion, or
  • You are physically capable of lifting “medium” exertion (Lifting 35# 1/3 of the day and 20# 2/3 of the day throughout a full work week)

In this age bracket it is especially important that you call us BEFORE or IMMEDIATELY AFTER you file your application so that we can advise you on how to lay the groundwork for a successful claim and avoid the common reasons this age bracket is denied.  This would include preparing you for various SSA forms sent to you to complete such as the Work History Report and Adult Disability Report.  Thes forms are misleading and are often completed incorrectly. If you contact us BEFORE or immediately AFTER your application is filed we will review these forms with you, ensuring that these forms are completed correctly to correct common errors to eliminate barriers to a successful claim earlier in the administrative process

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