SOCIAL SECURITY DISABILITY LAW BLOG
August 26, 2011
Detroit disability attorney explains how your age affects the outcome of your Social Security disability benefits appeal
Many of my Detroit disability clients mistakenly assume that their initial application for Social Security disability benefits was denied because they are not “totally and permanently” disabled. Social Security does not require total disability. In fact, most people who apply for Social Security disability benefits are capable of doing some type of work. The Social Security disability determination often turns on what type of work you are able to do, given your age, education and work experience, and whether there are a significant number of those types of jobs available. Your age will play a key role in this determination. In general, the younger you are, the more difficult it is to prove that you are not able to do any available job.
If you are 50 years old or younger, you will have to establish that you are unable to do a job that requires sitting for most of the workday or alternating periods of sitting and standing (“sedentary” work). Even though you might not be hired for a sedentary job, you still have to prove to the Social Security decision-maker that you cannot perform this easiest category of work.
If you are 50-54 years old, you will have to establish that you are unable to do “light” work. Light work requires you to be on your feet most of the day and to be able lift up to about 20 pounds. If you cannot perform light work, you may be found disabled even if you are able to work at a sedentary, sit-down job.
If you are 55 or older, the disability determination in your case will depend on your ability to do “medium” work. Medium work requires being on your feet for most of the workday, and the ability to lift 25 pounds frequently and up to 50 pounds occasionally. If you prove that you are not able to do medium work, then you may be found disabled even if you are capable of doing lighter work.
SOCIAL SECURITY DISABILITY LAW BLOG
August 22, 2011
Detroit disability lawyer explains important dates affecting payment of back benefits
In my work as a Detroit disability attorney, I help individuals whose initial claim for benefits has been denied. Most of my clients have been waiting for a decision on their claim for quite some time. They want to know, “If Social Security determines I am disabled, how far back will my benefits go?” The short answer to this question is that a disabled individual is entitled to receive benefits from the date of his or her application and for up to 12 months prior to that date. Exactly when your benefits will begin, however, depends on the following:
Application date: This is the date you complete your application for Social Security disability benefits.
Onset date: This is the date you became “disabled,” as that term is defined by Social Security. The medical evidence in your case is the key factor in determining your onset date. Your work history and the date you claim you became disabled also will be considered; however, these factors will only be given significant consideration if they are consistent with the severity of your condition, as demonstrated by your medical records.
Waiting period: Social Security imposes a 5-month waiting period on all applicants for benefits. That is, no benefits are paid for the first five full calendar months after your onset date. The waiting period works to prevent Social Security from paying benefits to individuals with short-term disabilities. Practically speaking, because only full months are counted towards the waiting period, payment of benefits usually begins with the sixth full month after your onset date.
Taking all these factors into consideration, your benefits will begin either five full months after your onset date or 12 months prior to your application date, whichever is later.
