WHEN A PERSON UNDER 50 NEEDS DISABILITY BENEFITS

Social Security has 3 sets of rules for disability determination, depending on the age of the claimant.

ADVANCED AGE: 55 or older.  The easiest cases to get approved.

CLOSELY APPROACHING ADVANCED AGE:  50 - 54.  

YOUNGER INDIVIDUAL:  Under 50.  Very difficult to approve.

Younger individuals (under 50) are hard to get approved for disability benefits.  This is because the younger claimants cannot meet one of the "grid rules" or Medical-Vocational Guidelines.

The basic burden of proof for claimants under 50 is this:  You can document with objective medical evidence that you are unable to perform any full-time job which exists in the national economy.

This, of course, makes the claimant vulnerable to the easiest jobs in the national job market, which are sedentary and unskilled jobs.  Sedentary means that the job is performed mostly while seated with no more than 2 hours per day of standing/walking.  Sedentary work only requires lifting up to 10 pounds occasionally.  Unskilled means the jobs require no special education or training.  Anyone can walk in off the street and perform the job with just a few hours of instruction or training.  A lot of these jobs pay minimum wage.

For example, let's say a 35 year-old individual with a high school education applies for disability.  The judge finds that this individual could would be restricted to a sedentary, unskilled job.  If the vocational expert testifies that there are 2 or 3 of these jobs being performed in the national job market, the claimant will be denied. 

Of course, a few medical impairments prevent all work, even at the sedentary, unskilled level.  But these impairments are very severe, very debilitating.  The types of impairments that we normally encounter at this age category would not prevail.

As a claimant ages, however, Social Security sees him/her as less likely to adjust to new types of work.  So, starting at age 50 older workers are given some breaks not available to younger workers.

Many younger workers who get denied complain, "I know someone who isn't as disabled as I am--and he got his benefits on the first try."  However, he may have been older, may have had better medical records, could have a doctor supporting the claim, may have a different work history, might have had an easier judge--any number of factors that could make a difference.  

So, what do you need to get disability benefits if you are under 50?

1.  A severe impairment that won't permit any type of work.

2.  Good and current medical records, including tests or images.

3.  A doctor who is willing to complete a residual functional capacity (RFC), detailing exactly why you are not able to work.

4.  An attorney/advocate who is willing to work extremely hard and go the second and third mile to win your case.

Cases of persons under 50 do sometimes win but they require a lot more work than is required for a claimant who is 50 or older. This is why many attorneys will not accept cases of "younger individuals."  They require more work and there is also more risk of no pay.

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