HOW TO GET DISABILITY BENEFITS AT AGE 50

If you are applying for Social Security disability benefits, it is more likely that you will be approved if you are over age 50.  Why?

Because of the medical-vocational guidelines.  These "grid rules" make it easier for persons who are of advanced age or who are approaching advanced age.

The factors which Social Security must consider in determining whether a claimant is disabled are:

  1. age
  2. education
  3. prior work experience
  4. residual function capacity (See definition below)*
When all 4 of these factors are favorable, it is much more likely to get a favorable decision on your disability claim.  (See my separate post on getting a Medical Source Statement, which addresses the residual function capacity).

Definition of "Residual Functional Capacity' (RFC):  This is the maximum amount of work related activity that the claimant can do:  sitting, standing, walking, pushing/pulling, lifting, bending, etc.  The RFC is key to getting a favorable decision on disability.


Comments

  1. Charles W. ForsytheMay 5, 2017 at 9:54 PM

    At Step 3 of the sequential decision making process, Social Security must establish your "Residual Functional Capacity (RFC)." In a best case scenario, your own doctor has submitted a form for you that sets the limits on your sitting, standing, walking, lifting, bending, etc. If you doctor has not done so, the administrative law judge (decision maker) will come up with his/her own RFC, which may not be realistic in your situation. That's why it is so important to get the opinion of your own doctor in the record. The judge's RFC is a wild card. Your doctor's RFC is an ace. Get one if you possibly can.

    ReplyDelete

Post a Comment

Popular posts from this blog

YOU EARN SSDI BENEFITS - THEY ARE NOT WELFARE.

I speak truthfully when I tell people that Social Security disability is not welfare.  You paid for it, you earned it.  Claim it. Here's why the Social Security disability program is not welfare: 1)  You paid FICA tax every day you worked.  FICA stands for "Federal Insurance Contribution Act."  It's actually a Social Security tax.  It came out of every paycheck you earned. 2)  You were forced to purchase Social Security disability insurance (SSDI) by the US government.  You were not given a choice.  This is a government sponsored disability insurance plan, just like you would purchase from an insurance company.  The only difference, it was mandatory--you were forced to buy it, no choice. 3)  The Social Security program is self-financing.  It is not paid for out of the general US treasury.  FICA taxes come out of your paycheck, are matched by your employer, and go into a special trust fund.  When you become disabled, money comes out of the trust fund to pay you
Read more

DISABILITY FOR INFLAMMATORY BOWEL DISEASE

There are a number of inflammatory bowel diseases which can so interrupt the workday as to make an individual disabled.These would include Crohn’s disease, ulcerative colitis, schistosomiasis and amebic colitis, among others.  Such illnesses are evaluated in Section 5.00 of Social Security's Blue Book. These illnesses may preclude the ability to perform any full-time work because of regular symptoms, including: need to take frequent unscheduled restroom breaks unscheduled time away from work station to use the restroom need for a work station near an always-open restroom gastric pain that interferes with attention and concentration excessive missed days from work due to symptoms medication side effects Judges are usually going to want to see treatment using various medication and to see that the treatment does not eliminate your symptoms. When possible, I also try to get statements from former employers or co-workers about how the symptoms caused problems
Read more

VETERANS MAY GET WRONG INFORMATION ABOUT DISABILITY BENEFITS

Unfortunately, disabled veterans sometimes get wrong information, even from Social Security. Sometimes, we have known of disabled veterans being told, in effect, that they cannot apply for disability benefits because they are still receiving military pay, or "still working."  However, the Wounded Warrior program permits disabled vets to apply for disability when they are receiving active duty pay if they are on medical leave, performing restricted duties or under therapy in a military treatment facility. Social Security's website states the following: Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits.  Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program, or on limited duty, the government will evaluate your
Read more