There is a clear difference between being unable to work and being found “disabled” by the Social Security Administration (SSA). A San Jose disability attorney wants to help you understand how “disability” can be defined and some criteria for applying for disability benefits.
At times, the process may make it seem very difficult to convince the SSA that someone is disabled, even when he or she cannot work, but your San Jose disability lawyer will explain that it is not impossible.
Age Factors for Defining Disability
As a person gets older, a San Jose disability attorney points out that Social Security Administration makes it easier to be found disabled. For anyone who cannot do any type of job they have done in the past 15 years and they are over the age of 55, they should definitely apply.
But even at age 50, the process becomes easier if you are unable to work and increases for people over age 55 and certainly for those over age 60. Your San Jose disability attorney would even advise a few people to apply at age 45 especially if they have severe impairments and cannot speak English.
Younger People Not Discounted
You don’t have to be bedridden if you’re a younger person in order to be found disabled according to a San Jose disability lawyer. If you cannot perform the work of your past jobs, cannot do work full time at any regular-type job and are under 45 or 50 years of age, that ought to be enough for you to apply for SSD benefits.
Using the Appeals Process
For those who truly cannot work, you should apply for Social Security disability benefits. If you are denied benefits at one level, your San Jose disability attorney can appeal for you at least through the hearing before an Administrative Law Judge (ALJ). Should you lose at the hearing, an experienced lawyer would know how to appeal your case and possibly win at the next level with the Appeals Council.
Having an experienced lawyer is important for presenting your SSD case properly to the Social Security Administration. For a consultation about your particular case with a San Jose disability attorney, contact LaPorte Law Firm at 800-735-3425 today.
