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HOPE FOR CLAIMANTS UNDER AGE 50

Getting approved for Social Security disability benefits is getting harder by the day, it seems. If you are under age 50, expect an even harder uphill battle for approval. Nonetheless, tens of thousands of claimants under 50 get SSDI benefits every year.

The objective medical evidence for younger individuals (under 50) needs to be clear and convincing. If your case is marginal, it will be very difficult.

TYPE OF IMPAIRMENT: Judges want to see clear and severe impairments in persons under age 50. You will have an easier time with bulging discs, severe degenerative arthritis or other impairments that will show up on MRIs, CT scans or X-rays. You will have a more difficult time with things like type 2 diabetes, fibromyalgia, depression or migraine headaches because they are hard to pin down with laboratory tests or imaging. (If you have fibromyalgia, by all means see a rheumatologist for it, not just a family practitioner).

WORK HISTORY: Younger claimants need a long history of solid work. It will help if you have been at the same job (or even the last 2 jobs) for several years.

FAILED WORK ATTEMPTS: If you have tried to push through your disability and return to work, you gain credibility with judges. They like to see individuals who don't want to be on disability, who would rather be working, and who have tried everything they can to remain in the workforce.

SUPPORT OF A DOCTOR: Judges often take the view if you are really unable to work, your doctor will help support your claim. What is needed from your doctor is a "medical source statement" which specifies which work related functions you have trouble with (sitting, standing, walking, lifting, bending, concentration, memory, fatigue, etc.)--and how severe those limitations are. For many impairments, the word of a specialist goes further. For example, if you have heart conditions, a cardiologist will be useful. For back problems, an orthopedic specialist will help. For fibromyalgia or rheumatoid arthritis, a rheumatologist's word will go further than a family practitioner. This is because Social Security requires that the diagnosis for fibromyalgia be made using criteria from the American College of Rheumatology.

I estimate that 40 percent of my clients who have been approved are under the age of 50. I also admit that I had to work harder on their cases to get them approved. If you are a younger individual and feel that you are absolutely unable to work due to a medical impairment, please call me to discuss your particular situation. If I feel that I can help you get approved, I will do so. (256) 799-0297.

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