Monday, January 20, 2020

IS IT TIME TO FILE FOR DISABILITY?

Filing for disability benefits is a last resort.  An individual should file for disability when it becomes evident that they are either never going to be able to work again or that they will be unable to work for at least 12 straight months.  When I speak of "work," I'm using the term to mean a full-time job of around 40 hours per week.

Unfortunately, there come times in our lives when we know it's time to file for disability benefits.  Some of those times or events include:

  • You have a major health crisis which will prevent you from working for a year or more: 
  • Your doctor tells you that it's time to file for disability.
  • The doctor has diagnosed you with a terminal condition.
  • Your doctor states you have reached "maximum medical improvement" and you still can't work any job.
  • You have tried easier jobs but have not been able to sustain even lighter work.
  • You can't think of an easy, sedentary unskilled job that you could perform 40 hours a week.  (Not "find" this type of job, "perform" this type of job).
I'd be remiss if I didn't say that there are really 3 sets of rules for Social Security disability.  One set is for younger individuals ages 18 - 49.  One set is for individuals ages 50 - 54.  The final set of rules applies to persons ages 55 and over.

18 - 49     You must prove that you are unable to perform                      even unskilled, sedentary, minimum wage jobs.

50 - 54      You probably must prove the same standard above; however, some claimants may only have to prove that they can't perform any of their past work.

55+           You need to prove that you cannot perform any of the jobs you've held within the past 15 year-period.






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