- Age
- Residual Functional Capacity (How much exertional activity you are able to tolerate)
- Type of Past Work You Have Done
- Medical Evidence
- How long your impairment has/is expected to last
At age 50, the rules change. Now, all the claimant may have to prove is that he/she cannot perform past relevant work and has learned no transferable skills. This can still be difficult if the claimant has performed sedentary (easy) work during the past fifteen years.
At age 55, the rules are even more relaxed because a person is now in the "advanced age" category. The grid rules will dictate a finding of 'disabled,' even in situations where a younger person would be denied.
In a nutshell, here are the basic tests a person must meet for a Social Security disability benefit:
- Must not currently be working at substantial gainful activity (SGA) - which in 2019 means earning at least $1,220 per month in gross wages or self-employment income.
- Must have worked long enough, and recently enough, to have insured status with Social Security. In short, the claimant must have paid enough into the system to have coverage. Not everyone has.
- Must have a severe medical condition which has lasted or is expected to last for at least 12 straight months and which is severe enough to prevent working a full-time job. Short term disabiity (less than 12 months) is not covered by Social Security.
- Finally, there must be objective medical evidence to prove the severity, duration and functional limitations of the alleged impairment. This means a history of recent medical tests and treatment to evaluate and verify the medical condition(s) being alleged.
Finally, claimants should not expect to be approved just by filing an application. Persons with certain catastrophic illnesses or amputations, or those who are legally blind in both eyes, may be approved with just an application. Most others will be denied and will require a hearing to be approved.
The time limit for filing an appeal is a very strict 60 days from the date on the denial letter. If you wait past the 60 days, you must file a new claim and start over (spinning your wheels).
Since the Social Security application and appeal process is so complex, most claimants find it helpful to appoint an attorney or other qualified advocate to represent them and help them. It is a fact that the administrative law judge who hear disability appeals prefer dealing with attorney-representatives rather than with unrepresented claimants. And your odds of being approved are much enhanced by having a legal representative who knows the law and the procedures of the Social Security Administration.
CAN YOU AFFORD A GOOD ATTORNEY OR REPRESENTATIVE? Yes. The law is set up so that attorney/representatives may not charge you any fee until after you have won your case and been approved for back pay from the government. Any attorney fee must come out of this back pay. Therefore, there is no financial risk to you, the claimant. You do not pay any expenses, fees or other money upfront.
My firm spends all of our time on just one thing: the practice of Social Security disability advocacy. With us, it is not a sideline, it's something we do for a living. We have helped thousands of people get their disability benefits from the Government. Why not call us for a free consultation and case evaluation?
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The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
"Across from Bridge Street"
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