You Can't Do Your Old Job, But Is That Enough To Get Disability Benefits?

Will Social Security award disability benefits if the evidence in your case shows that you cannot perform your past work?

Unfortunately the answer to this question is "no." If you are under age 50 you have to prove that you cannot perform any work that exists in the national economy.

So if you can perform a simple, entry-level, minimum wage job you will not be considered disabled.

It does not matter to SSA that you can't support your family on a minimum wage job or even that no simple, sit-down minimum wage jobs exist near where you live. If such a job existed and you could perform it, then you are not "disabled" under Social Security's rules.

I have represented many clients at hearings who earned well over $100,000 as engineers, medical professionals, plant supervisors and sales executives. They ask "how does Social Security expect me to survive earning minimum wage of $7.25 per hour?" As you may have guessed, your financial survival is not the issue. If you can reliably perform a simple, entry-level, sit-down, minimum wage job you will not win.

This is why reliability and dependability are such key factors in any disability claim. Any documented and consistently treated medical condition that results in unscheduled absences or breaks from work make your case stronger. For example, I usually win cases when my client has a medical condition that causes excessive bathroom breaks. Pain can certain cause dependability issues but it can be hard to quantify.

Finally, SSA realizes that claimants who are over age 50 (and even more so when over 55) who have significant medical issues will have a very difficult time finding new work. So winning Social Security disability when you are over age 50 is significantly easier. Often the grid rules (see https://gridrules.net) come into play as a theory of disability open to those over age 50.

I encourage you to keep these realities about how SSA decides disability cases in mind as you think about leaving work and pursuing disability benefits.

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