YOUR AGE CAN WORK FOR YOU.

Your age is one of the key factors to be considered in a disability claim.  Social Security uses the following age categories:

Under 50      younger age
50 - 54         approaching advanced age
55 +             advanced age 

If you are under 50, Social Security considers that your age will not pose a serious disadvantage in your ability to adapt to other work.

However, as you cross the age 50 median, your age becomes more of a factor.  

Age is combined with 3 other key factors to determine whether you meet a Medical-Vocational Guideline that would direct a finding of disability.  The other factors besides age are:
  1. education
  2. residual functional capacity
  3. previous work experience
Let me here explain what "residual functional capacity" is:  This simply means the maximum exertion level that you are capable of sustaining for an 8-hour work day.  The exertion levels, from lightest to heaviest are:  sedentary, light, medium, heavy and very heavy.  Exertion levels primarily are determined by the maximum weight you are able to lift and carry on a sustained basis and how much walking and/or standing you can do on a sustained basis.  Thus, a receptionist is generally a sedentary job while  construction work is probably heavy or very heavy exertion.
Here is how age can help you win.  For example, if you are of advanced age (over 55), are limited to the ability to perform only sedentary work (lifting and carrying no more than 10 pounds occasionally; have the ability to stand/walk no more than 2 hours per day, etc.), and have only unskilled past work experience, you would meet Medical-Vocational Guideline 201.01, which directs a finding of disabled. However, the same individual who is a younger individual (below 50) would not meet the Guideline.  He might still be found disabled but would have to prove that he could not perform even sedentary work.

So, simply put, Social Security lowers the bar a little for workers who have passed the age of 50, and they lower it again for those who have passed 55. It is very important to understand how age impacts a disability claim and how the Medical-Vocational Guidelines play into a decision.  (Medical-Vocational Guidelines are also called "Grid Rules" and are found in 20 CFR, Part 404, Subpart P, Appendix 2).

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