If you are over 50 your age can be a factor in acquiring disability benefits.
Author Attorney Greg Reed:
Developing a disability at any age can be devastating. It can be especially difficult at an later stage in life. It can help to have a Texas Social Security law firm fighting for your rights.
Disabling medical and mental conditions afflict millions of Americans, and can prevent sufferers from working as they once did.
Social Security Disability (SSD) benefits are designed to help those with a disability that keeps them from working. These disability benefits can help supplement the income you are no longer able to earn since your condition prevents you from working. Unfortunately, even those suffering from a disabling condition may be denied SSD benefits. The Social Security Administration sets strict guidelines to determine who is disabled, and who is eligible to receive SSD benefits. Applying for SSD benefits can be difficult, and the process is complicated. For applicants 50 and older your age can be a significant factor in determining whether you are eligible to receive SSD benefits.
Generally, the Social Security Administration (SSA) defines a disability as a medical or mental condition that prevents you from working or is expected to prevent you from working for at least six months, or will result in death. SSD benefits are disability benefits paid through the Social Security Administration to qualified applicants with a work history. Being unable to work due to your condition is a deciding factor in the application process. If your condition is severe and is on the SSA’s list of disabling conditions, you will qualify for SSD benefits.
Applying for SSD at 50 or Older
If your condition is not on the SSA’s list of disabling conditions, you may still qualify if your condition is severe enough to prevent you from working. After determining that you are unable to work due to your severe condition, your age, education, and background will be taken into account. If you are able to still perform some work given these factors, you may be denied SSD benefits. During your application, the SSA will consider the type of work you can still perform.
If you are 50 or older, the SSA knows you may not be able to complete additional vocational training or education to learn a new job, even when a new job is less physically demanding.
This means that as you age, the requirements that you find work you are capable of performing with your disability slacken somewhat. Of course, if you are unable to perform any work at all given your disability, you may be approved for SSD regardless of your age.
In order to qualify for Social Security Disability, you will need to satisfy a few specific requirements in two categories as determined by the Social Security Administration.
The first category is the Work Requirements which has two tests.
- The Duration of Work test. Whether you have worked long enough to be covered under SSDI.
- The Current Work Test. Whether you worked recently enough for the work to actually count toward coverage.
The second category is the Medical Eligibility Requirement.
- Are you working? Your disability must be “total”.
- Is your medical condition severe? Your disability must be “severe” enough to interfere with your ability to perform basic work-related activities, such as walking, sitting, and remembering.
- Is your medical condition on the List of Impairments? The SSA has a “List of Impairments” that automatically qualify as “severe” disabilities. If your disease is not listed this does not mean you cannot get disability, it means you must prove you cannot maintain employment due to your limitations.
- Can you do the work you did before? SSDI rules look at whether your medical condition prevents you from doing the work you did prior to developing the condition.
- Can you do any other type of work? If you cannot do your prior work, an evaluation is made as to whether you can perform any other kind of work.
More details can be found on our Qualifying for Disability page.
Hire Experienced Austin, TX SSD Lawyers. If you are 50 years or older, and are interested in applying for Social Security Disability benefits, contact the Law Offices of Bemis, Roach & Reed today. Our experienced disability lawyers have been serving Texans for over 20 years. We help clients throughout the state of Texas. We understand the multitude of rules accompanying an SSD application, and we will fight for your benefits. Call our attorneys today at (512) 454-4000 to schedule a free initial consultation.
Author: Attorney Greg Reed has been practicing law for 29 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Reed obtained board certification from the Texas Board of Legal Specialization. Greg is admitted to practice in the United States District Court - all Texas Districts and the United States Court of Appeals-Fifth Circuit. Mr. Reed is a member of the Travis County Bar Association, Texas Trial Lawyers Association, past Director of the Capital Area Trial Lawyers Association, and an Associate member of the American Board of Trial Advocates. Mr. Reed and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
Your Free Initial Consultation
At Bemis, Roach and Reed, if we can't help you, we will try to find the right attorneys for you.
We offer each of our prospective clients a free no obligation one hour phone or office consultation to see if we can help you and if you are comfortable with us. We know how difficult a time like this can be and how hard the decisions are. If we can be of assistance to you and help you find a solution to your issue we will even if that means referring you to another attorney.
Or simply call 512-454-4000
to schedule your
Let's get you Started:
If you could provide us with some basic information about your claim we will get right back with you with a free case evaluation and schedule your Free Consultation Today.