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Social Security Disability Attorney In Los Angeles


This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular

circumstances and claim, please contact a lawyer in your area. Please feel free to contact Disability Advocates Group at (800) 935-3170

or online if you have any questions regarding your Social Security Disability claim.


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Disability claimants at age 50-54, will your benefits be denied?

Disability claimants aged 50-54 Disability claimants aged 50-54

Disability claimants at age 50-54, will your benefits be denied?

In addition to looking towards the Social Security Administration’s Blue Book of medical impairments, the SSA examiner will also look into a person’s physical incapability such as age, education, relevant skills and work experience in an RFC form to decide their disability case.

However, apart from the above the SSA may also determine your case through the ‘grid rules’ – these are a series of labels or conditions that the SSA would decide on whether to grant or deny a disability claim. For people aged between 50-54 this might not be the best bet but it is an option. Also this is still yet another way to win or lose your claims, this is not the final conclusion – even if the grid denies the disability claims of a person aged 50-54, they might still win the case through the exertion level strategy:

Exertion levels and how are they determined

Since the SSA labels people aged between 50-54 as closely approaching advanced age, they are also analyzed differently for each exertion level. The SSA has specific rules to analyze people in this age group.

For each age group, the grid is divided by exertional levels; that is, what level of work an applicant's RFC (residual functional capacity assessment) states that an applicant can do. The different RFC levels are for work at the following levels:

  • sedentary
  • light
  • medium
  • heavy, and
  • very heavy

Grid Rules for people aged at 50-54

The SSA matches a decision to a person’s skill set and education level accordingly for people aged 50-54 as below:

Sedentary Work RFC

  • Disabled
  1. Completed 11th grade or less with no skills and no work;
  2. Completed 11th grade or less with semiskilled or skilled work but untransferable skills;
  3. High school graduate or higher with no skills and no work;
  4. High school graduate or higher with semiskilled or skilled work but untransferable skills;
  • Not disabled
  1. Completed 11th grade or less with skilled or semiskilled work but transferable skills;
  2. High school graduate or higher with skilled or semi-skilled work but transferable skills;
  3. Recent education that provides entry into higher skilled work, whether semiskilled or skilled work or even transferable or untransferable;

Limited and Medium Work RFC

  • Disabled
  1. Illiterate or unable to communicate in English, unskilled or no work;
  • Not disabled
  1. Completed 11th grade or less with no skills and no work;
  2. Completed 11th grade or less with semiskilled or skilled work but untransferable skills;
  3. High school graduate or higher with no skills and no work;
  4. High school graduate or higher with semiskilled or skilled work but untransferable skills;
  5. Completed 11th grade or less with skilled or semiskilled work but transferable skills;
  6. High school graduate or higher with skilled or semi-skilled work but transferable skills;
  7. Recent education that provides entry into higher skilled work, whether semiskilled or skilled work or even transferable or untransferable;

Heavy Work RFC

If your prior job was a heavy work then subsequently your RFC would also be a heavy work. This means that if you were able to do heavy work then you will also be able to perform medium, light and sedentary work on your skill set. So wining a disability claim on your physical impairments for a heavy work RFC may not be possible.

However, if you are aged between 50-54 and are able to prove to the SSA that you are unable to perform due to other conditions such as inability to focus due to Post-traumatic stress disorder or unable to stoop due to chronic back pain, then you may as well win the claim.

The grid rules may be a tough tool to crack. You may consult a disability attorney for specified help on your case.

 

 

 

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Applying for disability if you are under age 50

Disability benefits for aged under 50 Disability benefits for aged under 50

Applying for disability if you are under age 50

Just like retirement benefits, the disability benefits are also seen as giving maximized benefits after they have matured. Although the Social Security Administrations requires a person to have sufficient work credits (40 work hours) to be eligible to claim the disability benefits, it is very difficult but not impossible to claim the disability benefits at a younger age.

For people under the age of 50, it may be harder to get disability benefits than an older person. However, some exceptions may apply to the rule if the situation is dire enough for the claimant as determined by the Social Security Administration, SSA.

Blue Book medical impairments and eligibility

One of the essential conditions of winning a disability claim is being able to prove that your disability is listed in the SSA’s Blue Book of medical impairments. The Blue Book’s listings are a group of medical impairments that the SSA will approve automatically for disability as long as the requirements of the listing are fully met.

If you meet the requirements of a listing (for instance, you have childhood cancer or lost limbs), it doesn't matter what age you are -- you can get disability benefits. However, winning a claim based on the listing can be difficult because of the detailed requirements needed to meet the listings.

 Falling under the SSA ‘grids’

Grids are SSA’s criteria of determining if a person can be labeled as disabled due to physical impairments other than medical conditions. The SSA determines this by looking at the person’s age, education, prior work experience and skills sets through an RFC form. If these physical impairments or conditions limit a person’s ability to perform work then they may be considered eligible under disability claims regardless of their age.

However, even if a person is granted the status of completely fit through their RFC, they can still be considered under the level of education. If you are younger than 50 and have limited or no education or if you or your loved one is unable to speak or communicate in English then they may be granted the disability benefits depending on their situation.

Challenging the SSA ‘grids’

For individuals younger than 50 between the age 18-49, they would directly be labeled as not disabled under the ‘grids’ methods. However, this is not the final conclusion. You can still win your disability claims if your attorneys present your case well. If you have any of these impairments then you can appeal for reconsideration for your case through the help of an attorney:

Exertional impairments

Limitations such as these can signicantly limit your ability to learn new skills or perform sufficient work under substantial gainful activity:

  • lift
  • carry
  • push
  • pull
  • stand
  • walk, or
  • sit.

Non-Exertional impairments

Activities or mental activities, such as using your fingers, bending, stooping, following directions, or getting along with others are considered under non-exertional impairments. Although they are not necessarily physical, they do affect a person’s capabilities sufficiently. If you have a non-exertional impairment that relates to your mental function, the SSA will prepare a mental RFC.

If you are in your 20s, 30s or 40s and think that you deserve to be granted disability benefits for your impairments, you may contact an attorney to help you on the case.

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Disability Advocates Group is a law firm dedicated to serving individuals who have become disabled and are seeking to obtain the benefits they need and deserve. At Disability Advocates Group, we specialize in representing disabled clients in their claims for Social Security Disability Benefits.

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