You Don't Have To Be Old To Receive Social Security

Social Security Disability benefits are available for anyone at any age. If you have a disability or impairment that prevents you from working and you have earned enough social security credits you are then eligible for disability. Social Security Disability is like retiring early because of inability to work due to a medical condition. After a five (5) month waiting period, disability payments start. After a 24-month period, you are eligible for Medicare benefits.

There are three ways to be fully insured for disability:

1. if the individual becomes disabled after age 31, 20 quarters of coverage is needed during the 40 quarters which end in disability;
2. if you become disabled between the ages of 24 and 31, one quarter of coverage for each two quarters from age 21 up to the quarter when disability begins; or
3. if disabled before age 24 six quarters of coverage in the 12 quarters preceding the quarter in which disability begins.

You receive 1 quarter of coverage for each quarter in which the minimum amount of earnings is reported. You can request an earnings report at any Social Security office. Your earnings report will itemize all your reported earnings, social security credits and give an estimate of your available retirement or disability benefits.

Disability Defined

You should apply for Social Security Disability benefits as soon as you become disabled. You can apply at any Social Security office. The claims process can take up to 60 days if approval is immediate to several years of appeals. The key is to apply early. When you apply you will need your Social Security number, proof of age, a listing of all the doctors with whom you are treating and a summary of where you have worked in the last 15 years.

Next, you must have a disability or impairment that is expected to last for at least 12 months. The disability or combination of impairments must prevent you from doing any suitable gainful employment. Social Security lists and recognizes a number of medical and mental conditions. Each condition in the "Listing" has very specific elements. If you meet all the elements you are presumed disabled and disability benefits are awarded. More often, not all the elements are met and your claim is rejected.

Social Security uses a five step "Sequential Evaluation" to determine if you are eligible for disability benefits. If you meet the criteria in all the steps you are awarded benefits.

1. are you gainfully employed? If not go to step two.
2. do you have a severe impairment? If yes, go to step three.
3. will the impairment last 12 months or result in death and does the impairment or combination of impairments meet or equal the criteria in the Listing? If yes, you win, if no go to step four.
4. Does the impairment or combination of impairments, prevent you from doing past relevant work? If no, you are not disabled, if yes, go to step five.
5. considering your age, education and past work experience, do you posses the functional capacity to do other less demanding work? If the answer is yes, you are not disabled, if the answer is no you will be awarded disability.

What do your age and education have to do with disability? Social Security rules for determining if you are disabled vary according to your age. Persons under 50 years old are considered "younger individuals". If you are under 50 you have to show that you can not do even a simple sit down job. At age 50 you are considered "approaching advanced age". At age 55 you are of "advanced age" and at age 60 you are considered "close to retirement". Age affects the transfer and marketability of acquired skills and affects your ability to adjust to other work.

Education primarily means your formal schooling or other training that contributes to your ability to meet vocational requirements of work. Generally a person with a high school graduate or a GED certificate is considered to poses abilities to do most work. The numerical grade level may not represent actual abilities. Unless there is some evidence to contradict your abilities Social Security will use the numerical grade level. However, other factors such as the length of time that has passed since your education and your disability and your ability to communicate in English will impact your educational level.

If you have less than a High School Diploma or a GED it will affect the way Social Security looks at your ability to do other work. For example, a "limited education" means 7th through 11th grade of formal education. A "marginal education is considered 6th grade or less. At step five, when Social Security looks at your capacity to do other work, Social Security must limit the work they think you can do to that which fits your educational level.

Rejected Claims

Frequently claims are rejected because the claimant did not tell Social Security about all of their medical problems. Claims are frequently rejected because Social Security did not have all the medical information to make a decision. Sometime the claimants are embarrassed about their education that they say have more than they do. It is the duty of the claimant to provide Social Security all the necessary information including medical records.

It is not uncommon for most claims to be rejected after the initial application. There are several levels of appeal. It is important to file your appeal on time. Generally Social Security gives you 60 days from the denial to appeal to the next level.

Following denial of the initial application, the first appeal is called Reconsideration. Social Security will allow you to submit additional medical evidence, then take another look at your case. If your case is denied again, the next appeal is to request a hearing before an Administrative Law Judge. Again you have only 60 days from the denial to request a hearing.

At the Hearing you and your attorney will meet with the Administrative Law Judge. There is no jury and there is no opposing attorney, however the hearing is tape recorded. Depending on the facts of the claim the Judge may request a medical expert to be present and a vocational expert to be present. The judge will as you some questions about your impairments or disability to find out how it affects your daily life. When the Judge has obtained the information he wants, he will allow your attorney to question you. Your attorney should bring out all the details of how your disability or impairments prevent you from working at any job.

If a medical expert is present, it will be a doctor hired by Social Security to advise the judge on medical issues. You do not get examined and the doctor will usually not ask you any quests. But the doctor will have to review your medical file and he will provide the judge his opinion as whether you meet the Social Security guidelines for a specific disability and of what you are physically capable of doing. He will tell the judge just how long he thins you can sit, stand and walk. How much you can lift and carry. If there are any restrictions on the use of your hands or legs, and if you have any other physical limitations. Your attorney has the right to cross-examine the doctor to see if the doctor will agree that you are unable to physically work.

The judge will turn to the vocational expert. This expert advises the judge on your past employment and future employability. If you are unable to do your past relevant work, the judge will tell the vocational expert what he thinks your physical limitations are. The expert will then advise the judge if there are any jobs in the local and national economy that you could do. It doesn't mean that the jobs are available, just how many jobs would support a person with your limitations. If there are sufficient numbers of jobs, then you will not be found disabled. Your attorney will also have an opportunity to cross-examine the vocational expert with a purpose of having the expert agree that there are not jobs that you can do.

If the Judge finds favorably, you will be awarded disability from the date you become disabled. This could be up to one year prior to your application for disability. You will receive a retroactive benefits check and your regular monthly checks will start. After you have been disabled for 2 years, you will be entitled to Medicare.

If the judge's decision is unfavorable, the next level of appeal is with the Appeals Council in Virginia. They will listen to the tape recording and review the evidence. Their job is to determine if the judge made an error or did not allow a fair hearing. The appeals council can uphold the judge's decision or send the case back to the judge for a re-hearing.

If the Appeals Council upholds the judge, the next level of appeal is with the United States District Court. Here a civil complaint, like a lawsuit, is filed against the Commissioner of Social Security. Briefs are submitted and a Federal Judge or Magistrate will decide the issues. The Court can uphold the Social Security ruling they can send the case back for another hearing, or they can overturn the Social Security decision and award your benefits. If the Federal Judge overturns Social Security, then Social Security can appeal.

The Social Security Disability process can be long, complicated and frustrating. Unless you are familiar with the concepts, the laws and the procedures, you could damage our case beyond repair.