What are the Social Security Disability Rules for People Over 50?

The Social Security Administration (SSA) has special rules that may make it easier for claimants over age 50 to qualify for Social Security Disability benefits. Getting approved for benefits is still challenging, but these rules acknowledge that it is more difficult to transition to a new job as you age. 

Having a Pittsburgh over 50 Social Security Disability lawyer representing can make this process less stressful, and they manage the process if you need to file an appeal. Our attorneys have experience handling such claims and helping applicants get what they need. They can file your application for benefits, handling your case from start to finish.

How the SSA Evaluates Disability for Claimants Over Age 50

The SSA assesses disability claims based on the applicant’s ability to work and earn a living. They use the current substantial gainful activity (SGA) to determine if they can make enough money or if their medical condition keeps them from earning a living. 

When evaluating claims, the SSA considers age, education, work experience, and the claimant’s medical condition. However, applicants over the age of 50 could benefit from a different set of guidelines, Medical-Vocational Grid Rules.

Understanding How the Medical-Vocational Grid Rules Work for Claimants 

The SSA can use the Medical-Vocational Grid to determine whether an applicant’s condition and symptoms prevent them from working. These rules categorize claimants into different age groups, including: 

• Closely Approaching Advanced Age (50-54): The SSA acknowledges that learning a new job and retraining for a new career may be more difficult as you age. Using the grid, it may be easier to get approved if your skills are not transferable to other jobs. 
• Advanced Age (55-59): The SSA may be more likely to approve applicants who have specific work experience and non-transferrable skills because they recognize how difficult it would be to learn new skills and get a new job. 
• Closely Approaching Retirement Age (60 and older): Applicants in this age bracket who have limited education and work experience may get approved for benefits more readily than younger drivers. 

In general, claimants must show that their health condition prevents them from working and earning a living. This often requires showing that their current residual functional capacity (RFC) prevents you from working and earning the current substantial gainful activity limit. This includes your current job or other jobs you might qualify to work. 

What Factors Could Affect Your Disability Claim After Age 50?

When you file a claim for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) as someone age 50 or older, there are a number of things SSA will consider. Their evaluation will include factors such as: 

Your Medical Condition 

The Social Security Administration publishes a list of impairments, known as the Blue Book, that includes the criteria you must meet based on your diagnosis, if you have an included condition. This generally includes necessary test results, symptoms, and attempts at medical treatment of your condition. 

Even if your condition is not listed in the Blue Book, your medical records and documentation of your diagnosis and treatment will be essential to your claim. 

Your Residual Functional Capacity (RFC)

If a Blue Book listing and your medical records do not qualify you for disability benefits, the SSA may consider your residual functional capacity. This is based on a form completed by your doctor and assesses what types of work you can still perform despite any limitations you have. 

The SSA could also ask you to attend another appointment to assess your abilities. This is an appointment with an independent doctor they choose. 

Your Education and Work History

Your education and work history play a role in your claim assessment because your skills and education dictate the types of jobs you are qualified to do. Lower levels of education and specialized work experience could work in your favor if the SSA applies the grid rules to your claim. 

Your Past Work Experience

Your past work experience matters because it plays a key role in your skills and ability to work in new industries. If you can no longer perform your current job or past work, and you cannot adjust to a new industry, you will have a stronger argument for disability benefits.

How Can a Disability Lawyer Help with a Claim Denial?

Regardless of age, getting approved for Social Security Disability based on your initial application is challenging. It is easy to overlook information on your paperwork, have missing medical records, or encounter other issues that lead to a denial. This is especially true if you prepare your claim on your own.

If your Social Security Disability benefits claim is denied, talk to a disability attorney. They can help handle the next steps by:

• Reviewing your denial letter and claim support
• Filing for reconsideration, the first step of the appeals process
• Representing you in a hearing before an Administrative Law Judge (ALJ)

If additional steps are necessary to challenge the denial, they may be able to gather additional medical evidence and expert opinions to strengthen your claim or argue for the use of the grid rules in your favor. They will know how to manage the appeals process and will represent you without asking you to pay upfront attorney’s fees. 

Having a Social Security Disability lawyer on your side throughout this process can make a significant difference, as they can alleviate some of the stress you’re dealing with. Their knowledge and experience with filing claims or fighting denials can be invaluable when seeking benefits. 

Talk to Our Team About Your Options for Filing a Social Security Disability Claim

Berger and Green Attorneys represent clients in Pennsylvania and Ohio from our Pittsburgh, PA, office. We can help you prepare and file your claim or fight a denial. Contact us today for a free consultation with our team. A Social Security Disability lawyer from our team can discuss your options, build your claim, and improve your chances of approval. Call us today to get started.