YOUNGER PERSONS WITH DISABILITY: CAN YOU WIN BENEFITS?

Social Security makes it harder for younger persons to get disability checks.  They define "younger" persons as under age 50.

In 2010, Social Security approvals at the hearing level was 62 percent.  By 2014, the approval rate had fallen to 42 percent.  Hardest hit were people under age 50.  

However, I firmly believe that younger people can be disabled, too.  Here's how I approach an appeal case for a younger individual.  I look for the combined effects of all their impairments.  I use both physical and mental impairments to show that, taken together, these persons cannot perform work activities 8 hours per day, 5 days per week, 52 weeks per year.

Some things that may combine to equal disability include:

⇰ symptoms that will require missing 2 days of work or more each month

⇰ pain or other factors that make it difficult to concentrate or stay focused.

⇒ difficulty sitting or standing for prolonged periods of time

⇰ The need to frequently shift positions from standing to sitting

⇰ difficulty completing tasks on time or following simple instructions

Here is the standard that younger individuals must meet:

⇨  You must convince Social Security of 2 facts:

1.  That you cannot perform your past work because of a physical or mental impairment, or both.

2.  There is no other type of work in the national economy that you could perform, based on your physical and/or mental condition.

Someone will have to comb through every page of your medical records and find a convincing legal reason why you cannot work.  Also, someone must be so familiar with the medical evidence that they can answer a judge's objections during the hearing.  When the judge proposes that there are some kinds of work that you could still do, somebody must be prepared to say, "No, there isn't.  And here's why!"  Otherwise, you won't get any benefits.

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