Gerald G. Lutkenhaus Social Security Disability Law Blog on Lawyers.com

One of the most important criteria is your age. Social Security has decided your age is a very important factor. This reflects the philosophy that at certain ages it becomes more difficult to adapt to new situations, demands, and circumstances. So, if you are age 49 or younger, Social Security says every job in the United States is available. This means such jobs as toll booth collector, identification clerk, security monitor watcher, credit card clerk, etc. have to be ruled out.

Thus, even if you have an orthopaedic impairment that rules out your past relevant work (PRW) as a warehouse worker but you are 49 or younger, you would not be considered disabled because you have not ruled out the light/sedentary jobs I have cited above. This is so even if you have never been trained or educated for light/sedentary jobs. Social Security will assume you are still young enough to adapt to new job situations.

If you fall into the age category 50-54 (what Social Security calls Approaching Advanced Age), you receive a bit more favorable treatment from Social Security. However, if you can still do any jobs in the past that were PRW you cannot be considered disabled. But even if you cannot do any PRW jobs, your still relatively young age can still defeat your claim. Social Security does have the burden to show you cannot do other jobs when you have shown you cannot do PRW. But Social Security can meet its burden of proof by using a vocational expert to testify that (despite your orthopaedic impairment) you can still do other jobs in the national economy.

If you fall into the age category 55-59 (what Social Security calls Advanced Age), you now receive much more favorable treatment by Social Security. Again, if you cannot do PRW, the burden again shifts to Social Security to show you can do other jobs. But if your Advanced Education is combined with lack of education and skills you may be close to a winning your disability case. This is especially the case if you also have impairment restrictions that restrict you to sedentary work. Sedentary (sit down work) work is defined as work that does not require standing more than two hours out of an eight hour work day and does not require lifting of more than ten pounds. Thus, your age has now become a much more important factor.

If you are in the 60-64 age group what Social Security calls Retirement Age, then Social Security really smiles on you. You may have to show only that you cannot do PRW. Social Security assumes you are too old to be retrained and too old to adapt to new work circumstances.

In summary, Social Security has made a decision to consider the applicant's age as a major component of the application. So, if you are only 49, you may want to work another year before you apply. More importantly, if you are 54, you definitely need to work another year and obtain the favorable 55-59 criteria treatment. But even then you should retain a skilled Social Security Attorney to maximize your chances.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus has been a practitioner of Social Security Disability law in the Richmond, VA for over 35 years. He was given an "AV" rating by Martindale-Hubbell in 2003. Richmond Magazine has listed Mr. Lutkenhaus as one of the best lawyers in central Virginia. There is more information at www.virginiadisabilitylawyer.com or www.geraldlutkenhaus.com.