"The Fake-Out 50" Revealed. A Common Social Security Disability Goof.

There is no question that SSA has a built in bias in favor of disability claimants who are 50 or older. Many people find this tendency unfair because it seems arbitrary and can cost you thousands or tens of thousands of dollars of past due benefits.

Given this bias, should you wait until you reach age 50 to apply, or otherwise voluntarily use your 50th birthday as your onset date?

As I discuss in this video, my answer is an emphatic "NO!"

When you apply for disability benefits you should use the earliest date that the medical evidence in your case will support a finding that you do not have the capacity to perform simple, entry level work.

Remember that regardless of your age, judges can approve your case using a legal theory other than the grid rules. More specifically, your judge can approve your disability claim using a "functional capacity" theory of disability.

In fact, most hearing decisions - regardless of your age - are approved using the functional capacity argument. Stated simply you qualify for disability when the judge determines that you no longer have the capacity to function at work. Your reduced functional capacity to work may be the result of one or many medical problems, medication side effects or the combined effect of your medical issues.

If you have multiple medical or mental health problems it may be that any one of those problems may not be enough to support an approval but when taken together, the cumulative effect of your medical issues is enough to convince the judge that you just would not be able to perform at a job 8 hours a day, 5 days a week.

If you need further help with your case, use the links below to get more information including getting a FREE CASE EVALUATION.

NEXT STEPS...

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==============FREE CASE EVALUATION=================
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SSDI or SSI case, please contact me at
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=================CONTACT ME========================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
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