Skip to main content

THE ADVANTAGE OF BEING AGE 50 OR OVER WITH DISABILITY CLAIMS

You may have heard it said that the 3 most important factors in a disability claim are age, age and age.  Why is being 50 or older so important?

Because the rules change at age 50, that's why.

Starting at age 50, the medical-vocational guidelines (grid rules) often make it easier to be approved. 

Besides age, the rules will also consider:  education, past relevant work, transferable skills, and residual functional capacity.

If the combined factors (listed above) line up, the grid rules may direct a finding that you are disabled and eligible for benefits.

But the grid rules are moving targets.  If just ONE factor is against you, it may not work. So, you need age, education, past relevant work, transferable skills and residual functional capacity going for you.


Who Determines Residual Functional Capacity (RFC)?

Social Security determines your Residual Functional Capacity (RFC).  However, you may be able to influence this with information from your doctor.

If you don't go into court with an RFC from your doctor, the Social Security decision maker will come up one.  Usually, the RFC that they come up with is not as favorable to you as the one your doctor would provide.

For example, your doctor may provide information that would restrict you to work at the Light exertion level.  But without your doctor's opinion, Social Security may claim that you can work at the Medium exertion level. 

The grid rules do not work at the Medium exertion level.  So, I will want your RFC limited to light or sedentary exertion.  That's why I always try to get your doctor to provide us with an RFC.

Social Security doesn't have to accept your doctor's RFC; however, it is powerful evidence and increases your chance of being approved.
Labels:

Comments

Post a Comment

Popular posts from this blog

SCAMS THAT TARGET SENIORS

  Seniors fall victim to criminal scams 500,000 times a year, 5 times more often than younger persons. There's an infinite variety of scams going around but here are 6 of the more common ones in 2020. SCAM 1.   SOCIAL SECURITY CARDS .  Someone claiming to an employee or "officer" of Social Security calls to say that your Social Security card is involved in fraudulent activity, or your card has been suspended.  They need for you to confirm your Social Security number for them.  They may ask you to wire or send money.  These are always scams. Don't give these callers your Social Security number.  If it really was Social Security, they would already have your number.  And the real Social Security people will never ask for money or payments over the phone.   SCAM 2:  LOTTERY OR SWEEPSTAKES .  A caller says you have won, or are about to win a lottery or sweepstakes involving a lot of money.  However, there is a fee or "tax" that mu...
Post a Comment
Read more

CONTINGENCY FEE - SOCIAL SECURITY DISABIITY AID

  Legal aid is available to you on a contingency basis.  This means that you pay nothing now and a fee will be charged only if your case is successful.  If not, you will pay nothing. The Forsythe Firm in Huntsville exclusively handles Social Security Disability (SSDI) cases and nothing else.  We have handled thousands of cases and have a solid track record of success.  You will never pay us a fee unless you win your disability case or appeal AND collect past due benefits.  And we'll put that in writing. This "contingency fee" arrangement allows you to get top notch representation for your Social Security claim with the certainty that any fee you pay will be based on a positive result that puts money in your pocket! WHY DO YOU NEED SOCIAL SECURITY REPRESENTATION? 1.  Social Security laws and regulations are complex, technical and often confusing.  Our experienced advocates understand all the rules and are trained to handle them. 2.  Social Sec...
Post a Comment
Read more

SOCIAL SECURITY PAY INCREASE FOR 2025

  Social Security benefits will increase by 2.5 percent or an average of about $48 per month in 2025.   The Social Security Administration announced the COLA increase on October 10, 2024 which will take effect in January, 2025. The Part B Medicare premium (the part you pay for Medicare) also increased from $174.20 for most beneficiaries to $185 per month. I find it interesting that the government increased the Medicare premium 5.9 percent for 2025 but only gave recipients a 2.5 percent increase in benefits. If you or someone you love needs Social Security disability (SSDI) benefits, contact Charles W. Forsythe at the Forsythe Firm in Huntsville, AL.  I have helped thousands of claimants get approved in the "dumpster fire" process known as Social Security disability.   We charge no fee for consultations or case evaluations.  You will never pay us a fee until after you are approved and received your lump sum past due benefits. Our fees are controlled by the S...
Post a Comment
Read more