Age in Disability Claims
Under 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
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Whether you’ve already applied, or are considering applying for disability benefits, the Kapor Law Team, long trusted by disabled individuals, medical professionals, and the legal community, will efficiently provide reliable information and advice.
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