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Social Security Disability Claims Over 50
Social Security Disability & Supplemental Security Income Defined
Social Security Disability Insurance and Supplemental Security Income are two federal programs that offer financial assistance to individuals with disabilities. Although both programs serve a similar purpose – supporting disabled individuals – they have unique requirements and benefits.
Social Security Disability Insurance
SSD is a federal insurance program for individuals who have worked and paid Social Security taxes but are now unable to continue working because of a disabling condition. The program offers financial support to individuals who meet the specific disability and work history criteria.
To qualify for SSD, you must meet the following:
- Work Credits: You must have earned sufficient work credits by paying into Social Security through payroll taxes (FICA). Generally speaking, you must have worked for at least five of the last ten years before your disability. However, younger workers may qualify with fewer credits.
- Disability Status: The SSA must determine that your medical condition is expected to last at least 12 months or result in death and prevent you from engaging in substantial gainful activity (SGA).
- Duration of Disability: Your disability must be severe enough to prevent you from any substantial work, including jobs you previously held.
Social Security Disability recipients receive monthly payments based on their average earnings before their disability. The exact amount depends on your work history and how much you’ve paid into the system. You may also qualify for Medicare coverage after a two-year waiting period in addition to monthly payments.
Supplemental Security Income (SSI)
SSI is a needs-based program providing financial assistance to disabled individuals with limited income and resources, regardless of their work history. Rather than Social Security, SSI garners funds from general tax revenues to help those with little to no income meet their basic needs.
SSI eligibility depends on two main factors:
- Financial Need: You must have limited assets and income. As of 2024, recipients must have less than $2,000 in resources (or $3,000 for couples). Some assets, like your home and a single vehicle, might not count toward the limit.
- Disability or Age: You must either be disabled, blind, or at least 65 years old. For those claiming disability benefits, the SSA applies the same medical standards used for SSD to determine whether your condition qualifies as disabling.
Supplemental Security Income provides a monthly cash benefit that helps cover basic living expenses such as food, utilities, and housing. The federal benefit rate (FBR) determines the benefit amount and adjusts annually.
Some states also offer additional supplements to SSI recipients. Unlike SSD, SSI recipients may be eligible for Medicaid in most states immediately.
Why Age 50 Matters in Social Security Disability Claims
While many people dread their 50th birthday, if you face a disabling injury or illness, your age could actually work to your advantage when seeking SSD or SSI benefits. The Social Security Administration (SSA) understands that transitioning to a new career can be much more challenging for individuals in this age group,
Those who have spent decades building a career, acquiring skills and certifications, or working in physically demanding occupations can find it devastating when a disability prevents them from working. However, the SSA offers “grid rules” for claimants 50 and older, which may help you qualify for benefits.
The grid rules consider your age, education, and work experience, acknowledging that retraining or adjusting to a new position becomes more difficult as you age. If you can’t continue in your current position and don’t have transferable skills that allow you to perform lighter work, you may be more likely to qualify.
As a leading disability insurance law firm in the St. Louis area, we at First Ally Law Group are adept at leveraging these age-specific rules to strengthen your claim.
Common Challenges
Although age can be an advantage in some aspects of a claim, workers over 50 still face challenges that younger individuals may not. Obstacles you may face include:
- Diminished Job Opportunities: Starting in a new field of work might not be feasible, particularly if your disability limits your mobility or cognitive function.
- Health Decline: As we age, our bodies become more susceptible to the effects of illnesses, injuries, and chronic conditions. Disabilities that might not have significantly impacted your abilities in your 30s or 40s can have a much greater impact after 50.
- Economic and Emotional Strain: Numerous workers over 50 have financial responsibilities like supporting children, paying a mortgage, or saving for retirement. A sudden loss of income from a disability can cause stress, further demonstrating the need to secure benefits quickly.
At First Ally Law Group, we understand the challenges you face. We strive to provide compassionate legal guidance to help you navigate the application process.
How We Can Help Disabled Workers Over 50
When you work with us, you’re not just another case file – we take the time to fully understand your situation, including the emotional, physical, and financial impact of your disability. Our experienced lawyers collaborate closely with disabled workers over 50 to formulate strong claims and provide personalized support.
Here’s how we can help:
- Initial Claim Preparation: Filing for SSD or SSI benefits can be daunting, especially if you’re unfamiliar with the processes and requirements. We’ll help you gather the necessary documentation, including employment history and medical records, to ensure your application is as solid as possible.
- Medical Evidence Collection: Among the most critical aspects of a successful disability claim is thorough and convincing medical evidence. We’ll work with you and your healthcare providers to compile detailed medical records that reflect the severity of your disability and its impact on your ability to work.
- Navigating the Grid Rules: We’re well-versed in SSA’s grid rules and can use them to bolster your claim, especially if your disability makes it impossible for you to continue in your previous industry.
- Appealing a Denied Claim: Unfortunately, it’s all too common for initial SSD or SSI claims to be denied. If this happens to you, don’t give up hope – we have extensive experience handling appeals. We’ll guide you through the reconsideration, hearing, and appeals council stages. We’ll fight for proper evaluation and ensure all relevant factors, like your age and work history, are taken into account.
- Personalized Legal Representation: Every disability case is unique, and so should your legal representation. Whether you face a physical disability, a mental illness, or a combination, we’ll develop a strategy tailored to you and designed to give you the highest chance of success.
Take the Next Step with Your SSDI or SSI Claim
If you’re over 50 and unable to continue working because of a disability, you don’t have to navigate the Social Security system alone. At First Ally Law Group, we dedicate ourselves to helping people like you secure the benefits they need to maintain their quality of life.
Our lawyers have years of experience handling SSD and SSI claims for individuals over 50, and we understand the difficulties you face. Let us help you take the first step toward securing the financial support you need – contact us today.
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A personal approach
At First Ally, we get to know our clients, the judges, and experts. We’ve designed our firm around individuals – our clients’ needs as individuals; understanding individual judges’ approaches; and individual questions tailored towards specific experts. This personalized approach helps us prove why and how our individual clients’ disabilities keep them from working full-time jobs.