2025 - Page 2 of 2 - Morgan, Collins, Yeast & Salyer

If you are 55 years old or older, you might not consider yourself a person of advanced age. But your age could help you qualify for Social Security Disability Insurance (SSDI) benefits if you can no longer work.To receive SSDI benefits, you must show that you have an injury or illness that makes you unable to work for a living. In many cases, an applicant’s age of 55 and older is one of the factors considered in a disability claim. As you get older, the Social Security Administration (SSA) is more likely to accept your inability to work.The SSA’s Medical-Vocational Guidelines, or “Grid Rules,” can be helpful if you are disabled and of a certain age. The majority of applications for SSDI benefits are denied initially. Our Social Security Disability attorneys at Morgan, Collins, Yeast & Salyer help qualifying Kentuckians seek SSDI benefits and appeal denied claims. We can assist if you have become unable to work at any age. But if you are over 55 and have been denied SSDI, there may be age-related considerations for SSDI eligibility that apply.What Is Social Security Disability Insurance (SSDI) For?If you are injured or ill and can no longer work for a living, you may be eligible for Social Security Disability Insurance benefits. SSDI benefits replace a portion of income lost as a result of being unable to work.First, you must have a work history to qualify for SSDI benefits. SSDI is primarily funded by Federal Insurance Contributions Act (FICA) paycheck deductions.Individuals whose disability has prevented them from ever working and who do not have a work history may be eligible for a different disability benefit, Supplemental Security Income (SSI).The Social Security Administration defines disability as:You cannot perform your old job.You cannot perform another type of gainful employment or your skillset does not transfer to another job.Your disability prevents you from working for at least a year or is expected to cause your death.How Medical-Vocational Guidelines Aid EligibilityThe Social Security Administration uses two methods to determine whether an applicant is disabled.If an applicant’s condition matches the criteria outlined in the SSA’s Listing of Impairments, the applicant automatically qualifies for disability benefits. The Listing of Impairments describes impairments for each major body system that are considered severe enough to prevent an individual from performing any gainful work. The Listing of Impairments is also known as “The Blue Book.”If an SSDI applicant’s medical condition cannot be matched to a Blue Book impairment, SSA examiners must decide whether the condition is of equal severity to a listed condition. The examiners must also decide whether the applicant can perform their previous job or any other available job they are trained to do.When an applicant is 55 years old or older, the SSA also considers its Medical-Vocational Guidelines. These guidelines consider various vocational factors, such as age, education, and work experience, in combination with the applicant’s residual functional capacity (RFC) to evaluate the applicant’s ability to engage in substantial gainful employment.The Medical-Vocational Guidelines include grids that apply an applicant’s functional capacity to their capability for sedentary, light, medium, heavy, or very heavy work.How Age is Applied to SSDI Grid Rules and Medical-Vocational GuidelinesWhen determining whether a disability applicant can perform substantial gainful activity, one factor considered alongside medical condition is age. The SSA considers advancing age to be an increasingly limiting factor that affects a person’s ability to adjust to different work.The SSA’s age categories and how they are applied are:Younger person (under age 50). At this age, the SSA generally does not consider that the applicant’s age affects their ability to adjust to other work.Closely approaching advanced age (age 50–54). SSA will consider that the applicant’s age along with a severe impairment and limited work experience may seriously affect their ability to adjust to other work.Person closely approaching retirement age (age 55 or older). The SSA believes advanced age significantly affects a person’s ability to adjust to other basic work-related activities. For example, for an applicant of advanced age who has a severe impairment that limits them to no more than sedentary work, the SSA may find that the applicant has transferable skills to skilled work or semiskilled work only if the sedentary work is similar to previous work and requires little or no vocational adjustment in terms of tools, work processes, work settings, or the industry.The SSA is more skeptical of an applicant’s ability to transfer job skills to different work when the worker is 60 or older.The upshot of the SSA’s consideration of age is that if you are over 55 when you apply for SSDI, it is more likely that the SSA will decide you cannot perform work that you have not recently done. With the help of a Social Security Disability attorney, you may have a better chance of qualifying for Social Security Disability benefits.What Happens if You Move During Your Workers’ Compensation Claim?An employer may use your move as an excuse to try to terminate your benefits.It is critical to have a plan in place before you move so that your benefits are not negatively impacted.While you are entitled to move while collecting workers’ comp benefits, you should speak with an attorney about the potential implications of doing so.Can You Still Get Workers Comp Benefits If You Move Out Of The State Of Kentucky?While you can typically continue receiving benefits even if you move out of state, there are some things you should take into consideration as you are planning your relocation.First, you should make sure that your treating physician has cleared you for relocation. If your physician does not sign off on your move and you decide to relocate without their approval, the insurance company could cut off your benefits. It’s always a good idea to check in with your treating physician to determine whether moving is permissible.Second, if you decide to relocate, the insurance company might subject you to further scrutiny. In fact, some insurance companies even go so far as to enlist investigators to stake out claimants to determine whether they are following their doctor’s recommendations. If you are not following your doctor’s orders and the insurance company believes that your benefits are no longer justified by your condition, then they might stop your payments. Even if your physician clears you to leave Kentucky, you should always continue following their treatment plan.How to Maximize Your Chances of SSDI Approval After Age 55When filing a Social Security Disability Insurance claim, you need to present detailed medical records that show you are totally disabled. If you do not have a diagnosis that matches a condition on the SSA’s Listing of Impairments, your records need to detail your symptoms and treatment and the physical limitations your condition has caused you.In addition to documenting your disability, you will need to document your work history before you became disabled and provide employer information.An application requires several forms, including one to allow doctors, hospitals, and other healthcare professionals who have treated you to send medical evidence to the SSA.Our attorneys at Morgan, Collins, Yeast & Salyer work with Social Security disability rules and disability claims daily. A Kentucky Social Security Disability lawyer can prepare an SSDI benefits application on your behalf and help you navigate Social Security Disability rules.Contact a Kentucky Social Security Disability Attorney TodayIf you are disabled and 55 years old or older, and you are having difficulty obtaining SSDI benefits in Kentucky, seek the guidance of a compassionate disability attorney. At Morgan, Collins, Yeast & Salyer, our Kentucky Social Security Disability attorneys can help you apply for disability benefits and seek considerations available because of your age.Contact our Kentucky Social Security Disability attorneys today for a free consultation about whether you are eligible for disability benefits.

Social Security Disability Rules After Age 55

Chronic Pain and Social Security Disability Claims

Year: 2025

Social Security Disability Rules After Age 55

Chronic Pain and Social Security Disability Claims