How Age Affects Your SSD Application
If you’re under 50, the law requires that a judge consider all possible jobs available in the national and regional economies when determining if you qualify for Social Security Disability (SSD). This broad consideration can make it more challenging to qualify. However, once you turn 50, the criteria become more lenient. At this stage, the judge will focus more on whether your past job skills can be adapted to lighter work, considering your specific limitations and work history. This shift in focus can significantly impact your case, making it crucial to work with an experienced attorney who understands the legal and medical guidelines, as well as the vocational grids used in disability evaluations.
It’s important to note that if you reach retirement age, you will transition from SSD benefits to Social Security retirement benefits, as SSD benefits are no longer available after retirement age.
The Impact of Age on Your SSD Claim
- Under 50: The judge must evaluate whether you can perform any job available in the economy, making it harder to prove disability.
- Over 50: The evaluation shifts to consider whether you can perform jobs that are less physically demanding, based on your past work experience and skills. This can work to your advantage.
The Length of the SSD Process
The SSD process can be lengthy, often taking from a year to a year and a half to reach a hearing before an administrative law judge. Missing deadlines or failing to follow through with appeals can delay your case further. Engaging an experienced attorney early in the process is crucial to avoid unnecessary delays and to ensure a smoother path through the system.
Common Mistakes That Can Harm Your SSD Claim
- Missing Medical Appointments: Failure to attend scheduled appointments or follow prescribed treatments can negatively impact your claim.
- Drug Use: Using illegal drugs or medications not prescribed to you can undermine your case. Judges may view heavy drug or alcohol use as a reason to deny benefits, as they may believe the benefits could be used to purchase substances rather than to support genuine disability needs.
Addressing Drug Abuse in Your SSD Claim
Drug use can be noted in your medical records and may influence the judge’s decision. The key is to demonstrate that you have ceased drug use long enough for the judge to believe your disability remains even without substance use. This means showing a consistent and ongoing period of sobriety and proving that the disability persists independently of drug use.
Guidance for Social Security Disability Clients
Drug and Alcohol Use
Social Security lawyers in Nevada advise all clients to avoid illegal drugs and to limit alcohol consumption. While attorneys are generally more understanding than judges, it’s crucial to note that judges take drug and alcohol use very seriously. Social media is less of a concern in the SSD process compared to other legal areas; judges do not typically investigate social media profiles.
Handling SSD Claims
Clients often feel discouraged during the SSD process, but it’s important to persevere. Once you hire us, we will handle the case, allowing you to focus on waiting for the hearing. If you recover and return to work, that’s a positive outcome, not a failure of your claim. Being able to work is preferable to receiving disability benefits and indicates success.
Compensation for Social Security Disability
The amount of SSD compensation you receive depends on how much you have paid into the system over your lifetime. This amount, known as your Primary Insurance Amount (PIA), is unique to each individual. You can view your PIA and Social Security statement by registering at SSA.gov. Previously, statements were mailed annually, though some people still receive them.
Personal Insured Amount
Your Personal Insured Amount (PIA) is a monthly figure and will be paid to you as long as you remain disabled. Note that you cannot receive substantial SSD benefits if you engage in substantial gainful activity, defined by Congress as earning more than $1,080 per month.
Information Required for an SSD Claim
To get started, contact us to schedule an appointment. If you cannot visit our office in person, we can conduct an initial consultation over the phone, which typically lasts between 30 minutes to an hour.
Client Consultations
During the consultation, you can ask any questions about the SSD process, representation, fees, and expenses. We will also gather all necessary information about your unique situation. After evaluating your case, we will inform you whether we can represent you.