Do You Qualify for Social Security Disability Benefits?

 If a person is injured and left with a disability that leaves them unable to work, they may qualify for Social Security disability benefits. The law that covers these benefits is SSR 82-63. According to national data, people who are age 55 years or older may have an easier time when it comes to having their disability claims with the Social Security Administration (SSA) approved.

When determining if a person who is disabled could be trained at a different occupation than the one they had before becoming disabled, SSA considers a person’s age when determining vocational factors. The agency considers anyone who is over 55 years of age as being of “advanced age” and this could mean that learning any new skill or occupation could be difficult.

 In order to qualify under SSR 82-63, there are certain requirements a person must meet:

  • You must be age 55 years or older.
  • All work experience over the past 35 years must be limited to physical, unskilled labor. SSA defines physical work as any labor that requires a large amount of stamina. Unskilled labor is defined as work that does not require a lot of judgment and can also be learned in a limited amount of time.
  • Your disability must be severe enough to prevent you from performing the prior mentioned physical, unskilled labor.
  • You must have a marginal education, meaning you do not have the skills that would enable you to find employment in any field other than a job classified as unskilled. This is typically an education that ended between the grades of 7th through 11th.
  • There is also a requirement that falls under no work experience. If a person has not worked for the past 15 years and becomes disabled, they could qualify for benefits. This lack of employment is considered by the agency as another adverse vocational factor, just as being over 55 years of age is.

 Call a Social Security Disability Attorney for Help

If you have suffered an injury that has left you with a permanent disability that is hampering your ability to work and earn a wage – no matter what your age – you may qualify for Social Security disability benefits. Unfortunately, many applicants find the process of applying for benefits complex and frustrating, since many are denied upon their first application.

A qualified disability benefits lawyer can help you present your case to Social Security and, if they still ignore you, appeal to the appropriate court. Even if you have already been denied benefits, our firm may be able to help. Contact an attorney,  like a social security lawyer in Memphis TN, to speak about your case.

Thank you to Darrell Castle & Associates, PLLC for their information on qualifying for Social Security benefits.