person reading social security disability claimWhether or not you are found to be disabled by the Social Security Administration (SSA) is very much an individual decision based upon your specific circumstances. However, certain factors regularly come into play. We have answered the following questions to help you decide if you will be eligible for Social Security Disability Benefits.

Your age

The reality is that the older you get, the more likely it is you will be awarded disability benefits. For instance, it is difficult for a 45-year-old to be found disabled as opposed to someone who is 55 or 60 years of age.

Should I wait until I am the “Right” age to apply for disability?

No, your decision to file for disability should be based upon your situation. If you are over age 55 and cannot do any job you have done in the past 15 years, you should apply. If you’re over age 50 and have a severe impairment that keeps you from doing all but the easiest jobs, you ought to apply. Your disability attorney will counsel you that your age should not be a barrier to apply for the benefits you rightfully deserve. If you are under age 45 but cannot perform any past jobs and currently unable to find work, that should be sufficient for a finding of disability.

So if I prove I am unable to work, that means I am disabled?

Not necessarily. The SSA does not consider the two to be the same. It is your burden to prove disability by SSA standards. If you are genuinely unable to work, apply for SSA disability benefits. If you are denied, appeal and keep appealing until you are granted a hearing before an administrative law judge. One of our experienced South Carolina Social Security Disability Lawyers can make a difference at any stage of a disability proceeding, but most certainly on appeal.

To discuss your legal options, contact us or call our office at (843) 667.0400.