WHY IT'S EASIER FOR OLDER CLAIMANTS TO GET DISABILITY BENEFITS

 WHY OLDER CLAIMANTS MAY GET APPROVED MORE EASILY

The Social Security Administration (SSA) considers a claimant’s age when it makes decisions on disability claims.  As an individual ages, (s)he is less able to adapt to new kinds of work.  Social Security doesn’t expect a 55 year-old to be as adaptable to new work as a 35 year-old. Thus, an older claimant has an advantage in Social Security disability claims.

The SSA places each claimant into an age category, as follows:

Younger Individual:  Under age 50

Closely Approaching Advanced Age:  (50-54)

Advanced Age (55 – 59)

Closing Approaching Retirement Age (60 +)

A claimant age 50 or over with physical restrictions on performing work activities may be approved under Medical-Vocational Guidelines (commonly called grid rules).

The SSA classifies work into physical demand levels—sedentary, light, medium, and heavy. These categories help the SSA determine whether an older worker could reasonably transition to less physically demanding work. Here’s a breakdown of these terms:

• Sedentary Work: Mostly sitting, with occasional lifting of objects up to 10 pounds. Common office jobs often fall into this category.
• Light Work: Requires more movement, including lifting up to 20 pounds and significant walking or standing.
• Medium Work: More physically demanding, requiring lifting up to 50 pounds, frequent standing, and considerable movement.
• Heavy Work:  Most physically demanding, requires lifting and carrying up to 100 pounds with frequent standing and physical movement.

The SSA uses these definitions to evaluate whether an older claimant who may have performed in medium or heavy work can reasonably be expected to perform light or sedentary work. If it’s determined that they can’t adapt, the likelihood of approval increases.

SSA decision makers will assign each claimant a Residual Functional Capacity (RFC), which will permit either sedentary, light or medium work.  (We rarely see heavy work in SSDI cases).

The more difficult a claimant’s past work was, the more likely he/she will be found disabled.  For example, it is easier to find an individual incapable of medium work than sedentary work. This is why a good description of past work is so important in the application process and appeals.

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Charles W. Forsythe (The Forsythe Firm) is an experienced Social Security disability advocate in Huntsville, AL.  He still offers free consultations.  (256) 799-0297.