3 SETS OF DISABILITY RULES BASED ON AGE

How difficult is it to get Social Security disability?  That depends to a large degree on age.  As I've mentioned in earlier posts, Social Security has 3 sets of rules, based on the claimant's age.  While age is the big factor, they also consider the following additional factors:

• past work experience, including
• transferable skills
• education
•  residual functional capacity (level of exertion you can do)

While the medical-vocational rules or "grid rules" are complex, here is the gist of what they will direct.

Ages 18-49.  The grid rules do not apply to these "younger individuals."  It doesn't matter whether these claimants can perform any of their past relevant work or not.  Even if they cannot perform any past work, they must be unable to perform "any other work," which includes sedentary, simple, unskilled, entry level or minimum wage jobs.  In other words, if a younger claimant cannot do any past job but can change to a very simple, entry level job as a copy machine operator, a finding of "not disabled" will be entered.  In short, there must be no job in the US economy that this person is capable of performing.

Ages 50 - 54.  This is a borderline age category called "Closely Approaching Advanced Age."  If a claimant has less than a high school education, no work history or only a history of unskilled work, and is limited to Sedentary exertion, the grids find him disabled.  However, this same individual, if able to perform work at the Light exertion level will be found not disabled, as long as he can communicate in English.

Ages 55 or Above.  Generally, if this individual is unable to perform any of his/her past relevant work, a finding of disabled will be entered.  In short, an older claimant is not expected to adapt to new work and, if required to do so, will be judged disabled.  

I have simplified the grid rules tremendously here in order to give a very general idea of how they work.  You should consult with a disability attorney about your case to see exactly how the rules may apply to your particular circumstances.  Every case is different because no two sets of facts are exactly the same.