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What If I Don’t Fit Exactly Into Disability’s Age Categories?

What if I Don’t Fit Exactly Into Disability’s Age Caegories? by Scott Bowers

In order to receive Social Security disability benefits, the Social Security Administration (SSA) must find that you are unable to do a full time job due to your medical conditions. The general rule is that they cannot consider whether someone will hire you, or whether you can find a job. However, because the SSA recognizes that older workers may have more trouble adapting to new types of employment, it will consider factors other than just your medical conditions when you reach a certain age.

            The SSA groups disability claimants into 4 basic categories:

1. Younger individuals (18 through 49)

2. Closely approaching advanced age (50 to 54)

3. Advanced age (55 and over), and

4. Closely approaching retirement age (60 and over)

If you are in the first age group, the SSA will not consider you disabled if you are capable of ANY kind of work, including sedentary, unskilled work (i.e., simple jobs that do not require lifting over 10 pounds, or standing/walking for prolonged periods of time). However, if you are in the closely approaching advanced age, you could still be found disabled even if you are able to do sedentary work, depending on your education and past work experience.

            However, what happens if you are about to turn 50 in a few months, but have serious medical issues that limit your ability to work? Luckily, the SSA recognizes that you do not just instantly become disabled the day you turn 50. Thus, if you are within a few days or few months of changing age categories, the SSA may deem you to be older than you are. However, there are some rules to this, and it does not happen automatically.

            First, “within a few days to a few months” does not have an exact definition, but it does mean a period of less than 6 months. Thus, if you are 53, the SSA will not consider moving you to the advanced age category.

            Second, there must be a “borderline age situation.” This means that in addition to being close to the next age category, using your actual age would result in a denial AND moving you to the next category would result in an approval. For example, if you are able to do light work (i.e., some standing and some sitting, and lifting up to 20 pounds occasionally), and you are 3 months from your 50th birthday, you would be denied in either age category.

            Lastly, there are 4 factors that must be considered:

1. Time period

2. Education

3. Past relevant work (PRW)

4. Residual functional capacity (RFC)

There are many considerations that go into arguing these factors (i.e., they cannot be double weighed – that is if education is already factored when deciding if it is a borderline age situation, it cannot again be a factor when considering an allowance). Thus, it is always recommended that you seek the help of an attorney for your disability claim.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Does Social Security Consider Anything Other Than My Medical Conditions

In order to receive Social Security disability benefits, the Social Security Administration (SSA) must find that you are unable to do a full time job due to your medical conditions. The general rule is that they cannot consider whether someone will hire you, or whether you can find a job. However, because the SSA recognizes that older workers may have more trouble adapting to new types of employment, it will consider factors other than just your medical conditions when you reach a certain age.

The SSA groups disability claimants into 4 basic categories:

  1. Younger individuals (18 through 49)
  2. Closely approaching advanced age (50 to 54)
  3. Advanced age (55 and over), and
  4. Closely approaching retirement age (60 and over)

 

If you are in the first age group, the SSA will not consider you disabled if you are capable of ANY kind of work, including sedentary, unskilled work (i.e., simple jobs that do not require lifting over 10 pounds, or standing/walking for prolonged periods of time). However, if you are in the closely approaching advanced age, you could still be found disabled even if you are able to do sedentary work. At this age category, the SSA decision-maker will look, with the help of a vocational expert (i.e., an expert on jobs and employment related matters), to see whether you have skills that could be used in sedentary work. These skills could come from your education (i.e., a college degree or vocational training), or your past work (i.e., whether you had the power to hire and fire employees, set schedules, or do bookkeeping). If you do have skills, you would be found not disabled. If you do not have skills, you would be found disabled. When you are in the next age categories, you can still be found disabled if you do not have skills that would transfer to light work, even if you are capable of that type of work (i.e., jobs that involve lifting up to 20 pounds, and standing/walking about half the day, and sitting the other half).

There are also other ways to prove that skills are not transferable, even if you do have them. One way is if you have a severe psychological condition that would prevent you from doing skilled work. Due to the complicated nature of these rules, it is always a good idea to hire an experienced disability attorney to help you navigate this complex system.

 

By Scott J. Bowers

Social Security Back Pay

As you may know by now, applying for Supplemental Security Income (SSI) or Social Security disability benefits is not something that happens overnight. It’s a process that takes about 12-16 months to fully complete. During this time you are most likely struggling to work or completely unable to work, preventing you from making an income to support yourself. Although there isn’t much the Social Security Administration can do to speed up this process, it is possible for them to help you out once you have been granted SSI or disability benefits (Note: not all will be entitled to back pay). They are able to do this through Social Security back pay.

There are a couple of things that go into determining how much back pay you’ll receive, some of these are listed below:
• Date you become physically/mentally disabled
• Date you stop working due to a physical/mental disability
• Date you file for SSI/disability benefits
• Date you are approved for SSI/disability benefits

Your back pay will also be determined on whether you are applying for SSI or Social Security disability benefits. As long as you meet both the medical and non-medical requirements (income related) you will be eligible for back pay under the SSI disability program. If qualified, under this program you could receive back pay from the date you filed for SSI.

If you are applying under the Social Security disability benefits program, the same qualifications apply. However, what back pay you get may differ from what you’d receive under the SSI program. Not only could you receive back pay from the date you applied, but you could be eligible for back pay 12 months before your application date. The biggest difference between this program and the SSI program is the fact that once you have been approved, the Social Security Administration will only pay benefits from 6 months after your disability onset date to the present. So the first 5 months after your disability onset date will not be included in back pay (this is known as the 5 month waiting period). They have this waiting period to ensure that benefits are only being paid to those who have a long-term disability and not a short-term disability (those with short-term would not qualify for such benefits). It is important to remember, though, that this waiting period won’t affect the date that you actually start receiving your benefits.

After being approved, it could take some time to receive you back pay benefits. If you applied under the SSI program you will see your back pay benefits come to you in portions rather than all at once. They do this to prevent from going over the program limitations. If you applied under the Social Security disability benefits program, you could see your back pay benefits come to you in a lump; however, you may have to wait a little longer to receive these benefits than you would if you were in the SSI program. Just keep in mind that there is no universal date as to when you will receive these back pay benefits, they will all differ with each individual case.

https://www.ssdrc.com/disabilityquestions4-26.html

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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