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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.
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