UNDER AGE 50 - CAN I GET DISABIITY BENEFITS?

Individuals under age 50 will have a more difficult time getting Social Security disability benefits.  There are two reasons.  One, these persons do not have the benefit of the medical-vocational rules.  Two, judges are very reluctant to place individuals on disability.  

Some of the things that will make it easier for persons under 50 to be approved include:

Consistent Medical Care.  Judges want to see continual medical treatment over a period of time.  Without strong medical evidence, it is nearly impossible to be approved.

Support from a Treating Doctor.  Social Security gives more weight to the opinion of a doctor who has treated you over a period of months or years.  One of the best tools you can get is a medical source statement, a document where the doctor describes your specific limitations of functions (walking, standing, sitting, lifting, remembering, concentrating, etc.).

Objective Medical Tests. Judges are more likely to award benefits for impairments that can be proven by X-rays, MRI or CT scans. Impairments such as a herniated disc, stroke, shoulder impingement or tumor can be easily proven with medical imaging.  While other types of illness may qualify for benefits, they can be more difficult to prove.

Good Work History.  If a person's work history is sporadic, a judge may be reluctant to place the individual on disability.  On the other hand, if a person has worked for 20 years and been promoted and was earning a good salary, the judge may figure that nobody would give up that kind of job for the meager income of a Social Security check.

Work Attempts.  Has the younger individual tried to return to work?  An unsuccessful work attempt may show the judge that the claimant wants to work and has tried to return to work.

Claimant Credibility.  Judges will make up their own mind whether to believe what the claimant tells them.  An individual who has a recent history of drug or alcohol abuse, or criminal problems, may lack credibility with the judge. Claimants must be careful to tell the truth and not appear to be hiding things from the judge or they risk a loss of credibility.

A Social Security disability claim is a last resort for persons who are at the end of their working careers due to a physical and/or mental disorder.  The process is slow and difficult and may take 2 years or more.  

I cringe at TV reports and newspaper articles that make it sound like you can just step into the Social Security office, fill out a few forms and--WHAM--the check's in the mail.  This has never been true but it's less true today.  National hearing award rates have fallen from 62% in 2010 to 45% in 2014.

Individuals under age 50 win Social Security disability benefits every day.  However, they do require very solid medical evidence and usually the support of one of their treating doctors.

 

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