GETTING DISABILITY IF YOU ARE UNDER AGE 50

Social Security defines "younger individuals" as those who are under 50 years of age.  Persons under 50 generally do not qualify for a Medical-Vocational allowance.  They may qualify for disability benefits but the burden of proof is somewhat higher than for persons who are "closely approaching advanced age" (age 50-54) or persons of "advanced age" (age 55 or older).  Younger individuals need to show a residual functional capacity (RFC) which prohibits any of the work they have performed during the past 15 years as well as any other work which exists in substantial numbers in the US economy (on a full-time basis).

The burden of proof is upon the claimant, not upon Social Security.  Social Security does not have to prove that the claimant can work.  The claimant must prove that he/she cannot work.  Failure to prove this according to the regulations will result in a denial of benefits.

However, Social Security must demonstrate that there exists a substantial number of jobs in the US economy that the individual can perform, despite his/her impairment(s). They do not have to prove that the claimant can find one of those jobs or that an employer would hire him for any job.  The term "substantial number of jobs" is not defined.  I recently argued that the vocational witness's testimony about 19,000 jobs in a particular work field is not a substantial number. 

Age plays a critical role in Social Security disability.  So does attention to the regulations that govern how Social Security makes decisions on claims.



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