Little Known Rules Help Over - 50 Claimants Get Social Security Disability Benefits

I recently represented a client in a Social Security hearing that made me think to write about some little known rules used by the Social Security Administration to make disability decisions. The SSA calls these rules the Medical-Vocational Guidelines. My client was disabled by arthritis and fibromyalgia. She was 50 years old at the time she became disabled. She had only a 9th grade education. In all her past jobs she had always worked as a laborer or factory worker, jobs that required her stand all the time and lift heavy weights. She had never done a sit-down job. Her doctor gave the opinion that the most she would be able to do was a sit-down job.

Based on the Medical-Vocational Guidelines, my client was disabled and eligible for benefits. The Guidelines say that if a person is age 50 or older, has a limited education and has never done a sit-down job, it is assumed by these rules that they are considered disabled from all work, even sit-down jobs. These rules make it easier to prove that a person in these circumstances is disabled because a large category of jobs is already eliminated. So, if a person can only do a sit-down job, like my client, they are disabled according to the rules. The rules become even more lenient when a person turns 55 years old and then again at 60 years old. Also, other rules can come into play that are very helpful in different situations. However, many Social Security Administrative Law Judges do not remember to use the rules or apply them incorrectly.

At her hearing, I argued that my client was disabled and eligible for Social Security disability benefits according to the Medical-Vocational Guidelines. Happily for her, we expect a favorable decision from the Administrative Law Judge. You have a better chance of a happy ending to your hearing by talking with an attorney about your claim before going to a hearing. Make sure the rules work for you.

Sondra L. Burger,

Attorney at Law

Sondra L. Burger

Attorney at Law

Charles D. Hankey Law Office

434 E. New York Street

Indianapolis, IN 26202

317-634-9818

800-520-3633

Website: http://www.hankeylawoffice.com

The author is an attorney in Indianapolis, Indiana who focuses her practice on Social Security Disability and Indiana Workers Compensation. She is a partner in the Charles D. Hankey Law Office P.C. and has practiced law for 19 years. She attempts to provide results with compassion. Copyright 2008.