If you’re a worker over 50, you may find yourself in a challenging situation if you have to stop working due to a disabling medical condition before you are eligible for Social Security retirement benefits. Fortunately, the Social Security Administration recognizes that older individuals may have a harder time finding and adapting to new work, especially if they have physical limitations. You may qualify for disability benefits from the Social Security Disability Insurance (SSDI) program.
Applications for disability benefits for those 50 and over are subject to scrutiny. An experienced attorney who handles disability claims can help you navigate the SSDI application process and gather the medical records needed to support your claim. Contact Ryan Bisher Ryan & Simons for a free case review with a knowledgeable SSDI lawyer. Learn how we help clients apply for disability at 50 and over.
SSDI for Individuals Over 50
When a person applies for SSDI, they must demonstrate that they meet the Social Security Administration’s eligibility criteria and definition of “disabled.”
Disabled workers can qualify for Social Security disability benefits if they have a severe medical condition or medical impairment that prevents them from maintaining substantial gainful activity.
The Social Security Administration (SSA) has specific guidelines for assessing whether an SSDI applicant over 50 qualifies for SSDI benefits based on their medical limitations, skills, work history, and education.
How Is the Disability Determination Process Different After 50?
The Social Security Administration’s disability determination process for disabled individuals over 50 differs somewhat from that for younger applicants. The SSA has special rules that give additional consideration to those applicants 50 and older who apply for disability benefits.
The Administration has medical vocational grids that claim reviewers consult to determine whether an SSDI applicant qualifies for disability benefits. Even if a claims reviewer determines that an applicant over 50 has a residual functional capacity (physical limitations) that will allow them to perform certain types of work, the grid rules may still classify the applicant as “disabled.” The grid rules more frequently classify older applicants as disabled based on their advanced age and other criteria than they do for applicants younger than 50.
Understanding the SSDI Grid Rules and How It Works
The Medical Vocational Guidelines or grid rules include tables, each corresponding to an applicant’s residual functional capacity. The categories of residual functional capacity include limited to sedentary work, limited to performing light work, limited to medium work, and limited to heavy work or very heavy work. Each table has columns for three criteria: age group, educational level, and past work experience.
Based on an applicant’s residual functional capacity and their age, education, and work experience, the rules determine whether the applicant qualifies as “disabled.” The older an applicant and the less education and transferable skills they have, the more likely they are to qualify as disabled, under Social Security disability rules. The grid rules apply more lenient criteria for individuals 60 and older.
Why Grid Rules Matter for SSDI Applicants Over 50
The grid rules are important for SSDI applicants over 50 because they recognize that an older worker with physical limitations may have difficulty finding work they can perform, especially if the worker has limited education.
As a result, the grid rules make it more likely that an older individual with impairments may qualify for SSDI benefits following a Social Security disability review after age 50, even if a person can perform some sedentary or light work.
Common Challenges in SSDI Claims for Older Workers
Some of the most prevalent obstacles that older workers face when filing SSDI claims include:
- Lack of medical evidence documenting impairments
- Disputes over an applicant’s education level
- Disputes over the nature and duties of an applicant’s past work
- Disputes over the transferability of an applicant’s skills
- Misapplication of the grid rules, including the more favorable standards for people 60 and older
- Choosing to apply for retirement benefits between 62 and full retirement age can reduce a person’s lifetime retirement benefits.
How Ryan Bisher Ryan & Simons Can Help You
When you need to apply for SSDI after turning 50, the legal team at Ryan Bisher Ryan & Simons can help you pursue disability benefits by:
- Assisting you with gathering medical documentation to ensure the Social Security Administration correctly assesses your physical capacity
- Organizing documentation of your education and past work history for the grid rules analysis to determine eligibility
- Explaining your rights and options with SSDI and Social Security retirement benefits
- Communicating with the Social Security Administration during the SSDI review process
- Pursuing administrative appeals or taking legal action to contest the denial of your SSDI application
FAQs
Common questions that Oklahoma residents over 50 have about pursuing SSDI claims include:
Why are disability benefits easier to win for people over 50?
The Social Security Administration’s grid rules require claims reviewers to consider an SSDI applicant’s age, education, and work experience when assessing whether the individual can still perform work-related tasks with their residual functional capacity. However, the grid rules more frequently classify workers over 50 as disabled, especially as they get older and have limited education or skills.
What happens if the SSA denies your claim at age 50?
Should the Social Security Administration deny your SSDI claim filed after age 50, you can pursue the administrative appeals process to contest the decision. The first step is to request reconsideration of your claim. If the reconsideration is unsuccessful, you can request a hearing before an administrative law judge, and, if necessary, appeal the judge’s decision to the Appeals Council. The final step is filing a complaint in federal court. An attorney who handles SSDI cases can help you pursue full benefits through the appeals process.
Can I receive SSDI and Social Security retirement benefits simultaneously?
Under the Social Security Administration’s rules, a person’s SSDI benefits automatically convert to Social Security retirement benefits once they reach full retirement age. A person cannot receive both types of Social Security benefits simultaneously.
What medical conditions are commonly recognized for SSDI claims over 50?
Examples of medical conditions that may qualify a person over 50 for SSDI include:
- Arthritis
- Degenerative disc disease
- Chronic obstructive pulmonary disease (COPD) or other chronic respiratory conditions
- Heart disease, including heart attacks, strokes, or other cardiovascular problems
- Diabetes
- Autoimmune diseases (lupus, fibromyalgia, etc.)
Contact The SSDI Lawyers At Ryan Bisher Ryan & Simons For A Free Consultation
Has a medical condition or disability left you unable to work? If so, you may be considered disabled and be eligible for SSDI disability benefits. If you have already turned 50, you may have unique circumstances in your disability benefits claim that improve your chances of qualifying for benefits. Contact Ryan Bisher Ryan & Simons today for a free consultation with our experienced attorneys. Learn more about the process of applying for disability benefits from Social Security over 50.
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