DISABLED WORKERS OVER AGE 50

Social Security places workers who are age 50 and over in a special category that may help them collect Social Security disability benefits.  Social Security "lowers the bar" when it comes to proving disability after age 50.  And at age 55, it gets even easier.  Individuals who are 55 or older are considered "approaching advanced age."

The "Grid Rules" work in favor of older workers.  Here's an illustration.

John is a 39 year-old worker with a condition which limits him to sedentary work.  He has a high school education, unskilled past work and no special vocational skills.  He is literate, able to read and write in English.  The Grid Rules will direct a finding of "not disabled."

Denny is a 56 year-old worker with a condition which limits him to sedentary work.  He has a high school education, unskilled past work and no special vocational skills.  He is also literate, able to read and write in English.  The Grid Rules will direct a finding of "disabled."

What's the difference?  Age is the only difference.  As a worker ages, he or she is less able to adapt to new, unskilled work.  If there is no past skilled work that can transfer, and no skills that enable direct entry into skilled work, the individual will be found to be disabled.

The inner workings of how adjudicators arrive at disability decisions can be quite complicated.  It may be to your advantage to appoint a representative to help you with your disability claim--especially if your initial application is denied and you need to kick your case up to a hearing review.  Your representative cannot charge you a fee unless you win your case AND also collect back pay benefits (lump sum settlement).

For a free, no obligation evaluation of your disability case, please contact us at the Forsythe Firm.  We do not handle anything but disability cases and we know Social Security and how it works.  Call us at (256) 799-0297 in Huntsville, AL.  We work all over Alabama and Middle Tennessee.

CAN YOU APPLY FOR DISABILITY WHILE STILL WORKING?

Can you apply for Social Security disability benefits while you are still working?
 
Yes, if you are earning less than "substantial gainful activity" or SGA, which is $1,070 per month (gross before tax) in 2014.  Basically, you could work part-time and still apply for disability.

However, if you are working and earning at least $1,070 per month  you are working at SGA level and cannot apply for disability under Social Security regulations.

Remember, that the SGA limit of $1,070 per month applies only to earned income, such as wages, salary, tips or bonuses, etc.  It does NOT include investment or retirement income for which you do not perform any work or other valuable services.  For example, if you have a rental property that pays you monthly rent, but you do nothing but get a check each month, that money may not count toward SGA income. The same would be true if you receive a monthly retirement check from a former employer, or an annuity from an insurance company, savings account or retirement fund.

Also, keep in mind that the dollar amount for "substantial gainful activity," which is $1,070 per month in 2014, increases each year.  So the amount for 2015 will probably be slightly higher.  Remember, you do not have to be poor to collect Social Security disability benefits.  There is no "means" or "wealth" test.  It's just that you cannot be working and disabled at the same time--and the definition of "working" is earning SGA level wages.  That's Social Security's definition of "work."

 THE FORSYTHE FIRM

7027 Old Madison Pike - Suite 108 - Huntsville, AL 35806

PHONE (256) 799-0297    www.forsythefirm.com

No fee for our service unless you win