Showing posts with label Affect. Show all posts
Showing posts with label Affect. Show all posts

Saturday, April 9, 2011

How Does Your Age Affect Your Social Security Disability Claim?


Each year more than 2.5 million disability applications are filed with the Social Security Administration. Of these applications, only 30 percent are approved at the initial stage of the application process. The remaining 70 percent must appeal the SSA's decision to deny benefits or give up hope of receiving benefits.

Many people wonder why applications are approved or denied and whether or not age plays any part in the SSA's decision as to whether or not they will award benefits. If you have considered applying for disability and wonder how your age will affect your disability claim, the following information will help you understand what role your age plays in your ability to qualify for disability benefits.

Age and Social Security Disability

Age is not always a determining factor when it comes to disability applications, but many times it does play a part in the SSA's decision on whether or not to award disability benefits. This is due to the medical and vocational guidelines that are set forth by the SSA.

When the Social Security office reviews a disability application, certain medical and vocational guidelines must be followed when deciding whether or not to approve a claim. There are guidelines set forth that pertain to one's age, but that does not mean your age will automatically disqualify you from receiving disability benefits.

When the SSA reviews your disability application, they must determine whether or not you are able to participate in gainful employment. Even if you have suffered a disability that prevents you from performing your usual job functions, your age may play a part in determining whether or not you can perform other types of work.

Let's say, for example, that you have no experience other than construction work. If you suffer a back injury and are unable to perform your usual line of work you may want to apply for disability benefits. Even if your condition falls under Social Security's Impairment Listings, this does not mean you will automatically qualify for benefits. Your age may also play a part in the decision.

Using the above example, if you are over the age of 50 your chances of being approved for disability benefits would be much greater than if you were in your twenties or thirties. This is because it would be much harder for you to enter into a new line of work. If you are younger, the SSA would expect you to obtain the necessary work skills to perform other types of employment. On the other hand, if your disability prevents you from performing any type of work whatsoever, you would likely be approved for disability benefits regardless of your age.

Determining the Role Your Age will Play

If you are applying for disability benefits, it can be helpful to understand how the SSA views the different age groups and work categories. If you are younger than 44 years of age, the SSA will view you as a young individual. Those who are between the ages of 44 to 49 are considered younger individuals and those between the ages of 49 to 55 are considered to be advancing in age. If you are over the age of 55 when you apply for Social Security Disability benefits, the SSA will consider you advanced in age.

Along with determining your age, the SSA will also determine what types of work you can perform. There are four categories into which Social Security groups functional capacities including sedentary work, light work, medium work and heavy-weight work. No matter how young you are, if you are unable to perform even the sedentary level of work due to your disability, you will likely be approved for disability benefits.

What to Do If Your Claim Is Denied

If you apply for Social Security Disability and your claim is denied, it is in your best interest to file an appeal with the Social Security Administration within 60 days of receiving the decision notice. If you feel that your age has played a part in your denied Social Security Disability application and that the Social Security Administration did not fairly take into consideration your inability to perform any type of work whatsoever, you should retain the services of a Social Security Disability attorney. Your attorney can increase your chances of a successful Social Security Disability claim and will ensure that all aspects of your disability are taken into account during the Social Security Disability appeal process.








Social Security Disability
Disability Claim


Monday, February 21, 2011

How Will Social Security's Mental Health Proposal Affect Social Security Disability Benefits?


Everyone talks about Social Security reform and it is no secret that changes are being made to how Social Security Disability benefits are handled, but some of the proposed changes have certain groups up in arms as to whether or not the proposed changes are really in the best interests of the public. Recently, mental health advocates have become one of the groups of concerned individuals. Why are mental health advocates upset about the proposed changes to the disability qualification process? To understand what has so many people so concerned, you must first understand how mental illness is diagnosed and why certain individuals might not qualify for disability once these changes take effect, even though they may honestly be in need of them.

The Commotion

Why is everyone up in arms about the proposed changes to the way the Social Security Administration may qualify mentally disabled applicants? Right now standardized testing is not required to qualify for disability benefits. In the wording of the proposed changes to the qualification process, it is not clear whether or not applicants for disability benefits whose claims are based on mental disabilities will need to undergo standardized testing in order to qualify for the benefits they need to survive.

Part of the wording of the proposed changes state that standardized testing will not be required to qualify for Social Security Disability benefits. However, the proposal goes on to explain the testing that applicants would be required to undergo if requested by an adjudicator. This leaves many wondering whether or not disability applicants really will need to undergo standardized testing to qualify for benefits.

A Lack of Evidence

The reason that so many mental health advocates worry about using standardized testing as a qualification for disability benefits is the fact is that no one has been able to determine whether or not standardized testing can accurately diagnose whether or not an individual's mental illness prevents him/her from being able to work. There are currently no adequate tests available to prove that a disabled individual can or cannot work due to a mental illness. Many fear that the goal of this requirement is actually to reduce the number of mentally ill individuals who would be able to qualify for Social Security Disability benefits, rather than benefiting the public as the SSA claims.

Currently, applications are reviewed by adjudicators who take medical records and recommendations of doctors and psychiatrists into consideration when deciding whether or not to approve a Social Security Disability claim. If standardized tests become a part of the determining criteria, people who should be rightfully entitled to benefits may fall through the cracks due to the fact that no standardized tests exist to accurately determine whether or not a person is mentally fit to work. A person may not be able to perform day-to-day work activities but may pass a standardized test. This could result in a person being denied benefits due to nothing more than the fact that a test cannot accurately make this determination.

Beyond the Financial Ramifications

The proposed change to the way mentally ill patients qualify for disability may have effects that go well beyond an individual's access to monthly Social Security Disability payments. In some cases, individuals who need additional assistance, such as state-funded medical insurance, are required to be on Social Security Disability in order to qualify for these benefits. If the proposed changes to the qualifying criteria come to fruition, these people may not qualify for state assistance due to the fact that they would no longer qualify for Social Security Disability payments.

For Those Already Receiving Benefits

If you are already receiving benefits from the SSA, you should not worry about how the proposed changes to the determining criteria will affect your personal benefits. The SSA has stated that the changes will not affect individuals who are already receiving benefits from the SSA.

With that being said, it is important to note that the SSA has also stated that the standardized testing is not intended to be a mandatory requirement, but rather an alternative resource for adjudicators who need to determine whether or not an individual is truly disabled according to SSA guidelines. However, mental health advocates state that the language in the proposed changes is too vague and needs to be modified to protect individuals who may need Social Security Disability benefits due to a mental illness.








Social Security Disability
Disability Claim