Many factors are considered by the Social Security Administration (SSA) in its determination of a claimant’s disability. The medical records documenting the treatment history are examined to understand the nature of the impairment, but, as a San Jose disability attorney can explain, the age of the claimant is a critical factor in the SSA’s evaluation.
The Nature of the Impairment
Many impairments that afflict claimants are a natural part of the aging process. Due to the fact that the SSA initially looks to “past relevant work” the claimant has performed in the last 15 years, jobs requiring some degree of physical activity may be beyond the capabilities of that individual in consideration of his or her present condition. As will be explained by one’s San Jose disability lawyer, impairments such as psychiatric or neurological disorders may preclude the ability of an individual of any age to be gainfully employed.
Age as a Factor
If the SSA determines a claimant can no longer perform the work activities of the last 15 years, it then looks to that claimant’s residual functional capacity (RFC), meaning, as a San Jose disability attorney can best explain, what type of job, if any, can the claimant perform given his or her impairment. In its determination of the RFC, the SSA uses age groups as follows:
• 45-49
• 50-54
• Over 55
• 60-65
As a San Jose disability attorney frequently sees, more often than not, those under 50 are deemed more able to transfer to some other job, and are denied disability benefits based on that consideration.
Contact a San Jose Disability Lawyer
The SSA disability process is complex, and denials are often the initial result. However, a San Jose disability attorney can protect your rights and provide the best
