Posted on :May 26, 2015Byjpadmin
A Sherman Oaks Social Security disability attorney may be able to help you determine how your age impacts your disability claim. The majority of Social Security disability benefits applicants are required to prove that they are no longer able to perform their past work nor any other form of work. Your age is often an important deciding factor when determining the type of work you are able to perform. The rules for claimants over the age of 55 are far less strict.
Social Security uses the Medical-Vocational Guidelines to determine the type of work you are personally able to do. The Guidelines are more lenient as you age and adapt to the limitations of your medical conditions and physical exertion capabilities. The Guidelines also consider how difficult it would be for you to adjust to performing a new job. If you are older than age 55 and cleared only to perform light, unskilled labor, the Guidelines may deem you unable to adapt to a new form of work.
Before you can qualify for disability benefits, the Guidelines must determine that you are not able to perform “past relevant work,” or the type of work with which you once supported yourself. All types of employment that you have held over the past 15 years are considered in this assessment. Your Social Security disability claim will not be approved if you are determined to have the ability to perform at any of these jobs. If Social Security determines that you can work, you will not proceed to the stage where favorable presumptions are made due to your age. This means that it is especially important for you to have representation if you are over the age of 55. An attorney may be able to help you prove that you are unable to perform past relevant work.
While many who become disabled close to retirement age file for retirement benefits rather than disability benefits, this is generally not recommended. Social Security pays early retirees reduced benefits. Those who wait for full retirement age receive no reduction in benefits.
If you are filing for disability, consider contacting Lowenstein Disability Lawyers, A Law Corporation today at (800) 954-7752 for more information. A Sherman Oaks Social Security disability attorney may be able to help you through the filing process.