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If a person is 49 and close to 50 years old, is age a factor that affects a disability case?



 
Why does a person's age play a factor in determining whether or not they will get disability? If a person is 49 and a few months from being 50, what are their chances?



Age is a factor because disability approvals are made in two separate ways. In the first one, where individuals may be granted benefits on the basis of a listing, age is not a consideration except to distinguish whether the adult or childhood listings apply to the case. In the second manner of approval, a person may be awarded benefits through the medical vocational decision process.

In this process, a disability examiner or judge will look at the claimant's work history, the limitations the person has as a result of their condition, and then try to decide first of all if they can return to one of their past jobs. If they can return to a past job, the case is denied.

If the individual cannot return to a past job, which is step 4 of the SSA sequential evaluation process, the case moves on step 5 of the sequential evaluation process. This is where the decision is made as to whether the individual (who it has already been decided lacks the ability to go back to their past work), can do some type of other work.



Making the decision of whether a person can do other work involves what are known as medical vocational grid rules. The rules that apply to a decision of "disabled" or "not disabled" take into account a person's education, their current limitations, their work skill levels, the exertional requirements of their past work, and their age. So, age is absolutely a factor in disability decisions.

At age 50, the rules are more favorable than for a 49 year old. However, you mentioned what happens when a person is a few months aways from turning 50. According to section 404.1563 of the code of federal regulations (titled "Your age as a vocational factor"), "We will not apply the age categories mechanically in a borderline situation. If you are within a few days to a few months of reaching an older age category, and using the older age category would result in a determination or decision that you are disabled, we will consider whether to use the older age category after evaluating the overall impact of all the factors of your case."

So, in other words, you don't have to be actually be 50 to benefit from the age 50 rules. If you are close to age 50, the judge in a case may award a person benefits. For a decision made by a disability examiner, the age 50 rules will usually be made if a person is 49 years and 6 months of age. However, one should keep in mind that a judge or examiner may or not do this and, instead, may be very strict on the application of vocational rules.

Finally, it's worth mentioning that just as the vocational rules become more favorable at age 50, they get even more favorable at age 55.

I wish you the very best of luck on your case.








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For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.