Social Security can be hard to understand for any age group. For workers over 50, there are certain rules and tips to keep in mind. These can help you get the most from the Social Security system. The Social Security Administration (SSA) has special rules for workers over age 50 who apply for disability benefits. These rules take into account physical limitations and work histories that are often present with older workers.
Key Considerations for Workers Over Age 50
Your SSA disability claim decision is based on your medical evidence, work history, and age. Age is particularly important for workers over the age of 50. This is because your age determines the SSA’s view of your ability to adjust to other work. In many cases, older applicants are presumed to be less able to retrain or perform other jobs. This can make it easier to qualify for SSA benefits. Some key considerations for workers over 50 include:
- The medical condition’s severity. Like all disabilities, good medical records are key. The SSA wants to know whether your physical or mental condition(s) keep you from doing any substantial gainful activity (SGA). If you are a worker aged 50 or older, the SSA also looks at how your age impacts your ability to adjust to different types of work.
- Vocational options and abilities. Your age, education, and work experience are used to assess whether other jobs are realistically available to you. The SSA may be more lenient toward older applicants in terms of the types of retraining they may be expected to complete, given that it is more difficult for older workers to learn new skills, especially with a disability.
- Residual Functional Capacity (RFC). Your RFC encompasses the work activities you can still do, despite your disability. The SSA looks at RFC in conjunction with age to decide if you could adjust to other work. This is more favorable to older workers.
Work Credits
Work history also has a role in establishing eligibility for SSDI benefits. The longer you have worked, the more work credits you have, and the more likely you are to have established a successful claim.
However, there is a “recent work” test to meet, which requires an applicant to have worked at least a certain number of years out of the last 10. Knowledge of these rules is therefore very important for older applicants.
December 2023 saw 8.7 million disability benefit recipients obtain payments that amounted to approximately $12.7 billion. One in eight also collect SSI payments.
How Age Impacts the Decision
The SSA understands that being an older worker can create additional challenges in the disability application process. Older workers experience greater challenges when learning new skills because they face increasing physical limitations as they age, which also makes adjusting to new job types difficult. These applicants usually obtain extra consideration because of these factors.
Some disability applicants think that age alone should ensure their application’s approval. While being over 50 does help a case, the SSA will still need convincing medical documentation of your disability. This includes good medical records, work history, and a written description of your limitations. You must also show that your disability will stop you from performing any significant work for at least 12 months.
Why Hire a Disability Lawyer?
Learning about disability laws and the SSA application process can be a complicated and stressful experience. Older applicants may have unique concerns when applying for SSD benefits. A disability attorney can assist you by properly collecting your medical records and work history. This will give you a better chance of a successful claim by improving the overall quality of your case.
Gade & Parekh, LLP, can guide you through each stage of a Social Security disability claim. We understand disability benefits laws and know how to work within the system on your behalf. Our disability attorneys can protect your rights during each step of the application and appeals process. We serve California with care, including clients near the Solano County Courthouse. Hire a disability lawyer at Gade & Parekh, LLP, today.
FAQs
Q: Is It Easier to Qualify for Disability After 50?
A: Yes, it is sometimes easier to qualify for disability after age 50. Age is one of the conditions that the Social Security Administration takes into consideration when deciding if a person is disabled. They realize that, as a worker gets older, it becomes more difficult to adjust to other kinds of work. Approval chances are good for those who are 50 or older with a supported severe medical condition and limited capacity to do their past work, per Social Security’s disability laws.
Q: How Do I Win Disability Benefits When I’m Over Age 50?
A: The likelihood of approval grows when you:
- Compile complete medical records.
- Provide detailed employment information.
- Clearly demonstrate how your condition affects your ability to continue working.
An experienced disability attorney can show you how to meet SSA requirements. They can also apply special rules for workers above 50 who seek disability benefits.
Q: What Is the 55 Rule for Disability?
A: The “55 rule” is a Social Security rule that eases the standards for older disability applicants. The 55 rule allows older applicants (age 55 or over) to more easily qualify for disability. SSA uses the 55 rule to determine if a claimant can’t adjust to other work. The Social Security Administration evaluates the claimant’s age, work history, and residual functional capability to make determinations.
Q: What Are the Rules for Working on Disability?
A: If you receive Social Security disability benefits, there are limits on how much income you can make while still receiving payments. Rules on what is known as “substantial gainful activity” (SGA) can cause your benefit amount to be reduced or even suspended. There are trial work periods for SSDI recipients, which allow you to test your ability to work without necessarily losing your benefits. SSI has strict limits on allowable income and assets.
Contact Gade & Parekh, LLP, Today
If you are considering applying for Social Security disability benefits at 50 years of age or older, Gade & Parekh, LLP, can help you. Contact us today for a consultation to begin the process.