THE FACTOR OF AGE IN SOCIAL SECURITY DISABILITY EVALUATION

October 29th, 2013

By Terry LaPorte, San Jose disability lawyer

San Jose Disability LawyerMany medical conditions occur more frequently to workers as they age into the later part of their working years. Most people are not limited by arthritis, cardiac disease, Type II diabetes, and many other conditions until reaching their 50s and 60s.

The Social Security regulations take age into consideration by essentially requiring that younger workers under age 50 go back to school, or otherwise learn a new trade if a severe illness or injury causes them to be unable to perform the only work they had carried out.

For any worker under age 50 with basic literacy skills, the Social Security Administration will not pay disability benefits even if that person is medically precluded from continuing work in their customary job, if the worker could still reliably perform full time work of the least demanding type.

Terry LaPorte, a San Jose disability lawyer, cites an example: Joe is a 48 year old man with a 25-year history as an electrician. Because of severe and crippling injuries to the knees, Joe can no longer stand and walk for prolonged periods, and can’t perform his usual work in the electrical trades. However, he can still sit for prolonged times, but lacks the computer skills to perform most office work. In this example, Joe could not qualify for SSA disability at age 48. This can be a harsh result for Joe, particularly in high-cost residential areas throughout Northern California. What is hard for most people to understand is that the same Joe, if he were just two years older at age 50, would almost certainly qualify for SSA disability benefits.

If you have become disabled and are unable to work for a period of at least twelve months, you may qualify for Social Security disability. To speak with an experienced San Jose disability lawyer, call LaPorte Law Firm today at 800-735-3425.


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