Does my age affect whether I qualify for North Carolina disability benefits?
My North Carolina disability clients, especially my younger clients, often ask me if their age matters in determining whether or not they will qualify for Social Security disability benefits. I tell them that it is easier to be found disabled by the Social Security Administration as you get older, but you can be found medically disabled at any age.
The Social Security Administration considers age as part of its five-step sequential evaluation process, which is discussed in greater detail below. As part of the evaluation process, the Social Security Administration evaluates whether you can perform other work that exists in significant numbers in the national or local economies. This requires adaptability on the part of the individual. Generally, as you grow older you become less adaptable – and less able to switch to a different job as a result of your disability.
Your age as a factor in the Social Security Administration’s five-step sequential evaluation process
The Social Security Administration follows the five-step sequential evaluation process to determine whether you are disabled for purposes of its two disability programs — Social Security disability and Supplemental Security Income, referred to as SSI. If it finds that you are disabled or not disabled at a step then the determination is over and it does not go on to the next step.
The five-step approach is summarized immediately below, and the words in quotes have special meaning to the Social Security Administration:
- Step 1. You are not engaging in “substantial gainful activity” (work that pays you $1,000 per month or more and involves more than minimum duties); and
- Step 2. You have a “severe” medically determinable impairment (an impairment or combination of impairments is generally considered severe by the Social Security Administration if it significantly limits your physical or mental ability to do basic work activities); and
- Step 3. Your impairment meets or “equals” one of the impairments described in the Social Security regulations known as the “Listing of Impairments” (available on the Internet at http://www.socialsecurity.gov/disability/professionals/bluebook/index.htm); or
- Step 4. Considering your “residual functional capacity,” you are unable to do your “past relevant work” (any substantial gainful activity you did during the past 15 years for a long enough time to learn the job); and
- Step 5. You cannot make an adjustment to other work that exists in significant numbers in the national or local economy, considering your residual functional capacity, age, education, and work experience.
In addition, to be found disabled you must meet the “duration requirement.” That is, your disability must last for 12 full months.
See The Sequential Evaluation Process for more information about the sequential evaluation process, and our video Will you qualify for Social Security disability benefits? for more information about qualifying for North Carolina disability benefits.
In summary, there are two main routes to a finding of disability on a Social Security disability or SSI application:
- Your impairment must meet or equal an impairment described in the Listing of Impairments — the sequential evaluation process culminates at Step 3; or
- You must meet all the other requirements of the sequential evaluation process culminating at step 5.
Therefore, your age comes into play when the second route is taken because your impairment does not must meet or equal an impairment described in the Listing of Impairments.
Age as a factor in step 5
North Carolina disability claimants who do not meet the requirements of a severe mental or physical impairment must meet the requirements of steps 4 and 5. At step 5, as discussed above, the Social Security Administration will determine whether you can make an adjustment to other work that exists in significant numbers in the national or local economy. This step considers your age in addition to your education, remaining work capacity, and work experience. If a North Carolina disability claimant has any transferable work skills, he or she may not be entitled to disability benefits even if that claimant cannot perform substantially all sedentary work. This is because a claimant’s background might allow him or her to work in a new field.
Step 5 is the most complicated step in the sequential evaluation process, and it’s an important step for claimants under age 50 that have a disability that prohibits them from doing substantially all sedentary work. The Social Security Administration believes that claimants under age 50 are not old enough that their age should limit their ability to adjust to other work.
If you are over 50 and can no longer do the sort of work you have done in the past, the Social Security Administration’s rules require that your age be taken into account when considering whether or not you can do other work. These rules are embodied in the Medical-Vocational Guidelines, which are used by the Social Security Administration to determine disability at Step 5 of the sequential evaluation process. The Medical-Vocational Guidelines, popularly known as the “grids” or “grid system” provide that the older you are, the easier it is to be found disabled.
Evaluation under the grid system is limited to medical conditions that result in physical impairments. It does not apply to non-exertional impairments such as mental impairments. To be found disabled under the grid system, you still must meet other criteria, which include a clearly documented, medically determinable impairment and a physical inability to do the type of work you performed in the past 15 years.
Age and the Social Security Administration’s grid system
The Social Security Administration’s grid system can be complicated, but generally it results in making it makes it easier for North Carolina disability claimants over age 50 and especially those over age 55 to meet the definition of disability. This is because if you are older than age 50 (or age 45 in some cases) and no longer do the sort of work you have done in the past, the Social Security Administration must take your age into account when considering whether or not you can do other work.
- Under age 50 – If you are under age 50, the Social Security Administration generally does not consider that your age will seriously affect your ability to adjust to other work. However, in some circumstances (particularly, if you are illiterate and/or cannot communicate in English) the Social Security Administration considers that persons aged 45-49 are more limited in their ability to adjust to other work than persons who are under age 45.
- Age 50 to 54 – If you are closely approaching age 50 to54, the Social Security Administration will consider that your age, along with a severe impairment and limited work experience, may seriously affect your ability to adjust to other work.
- Age 55 or older – If you are age 55 or older, the Social Security Administration believes that your age significantly affects your ability to adjust to other work. It has special rules for persons in this category who are closely approaching retirement age (age 60 and above).
If there are two North Carolina disability claimants with nearly identical disabilities and backgrounds and only one of them is older than 50, the older claimant is more likely to receive North Carolina disability benefits than the younger disability claimant.
Experienced North Carolina disability attorney available to help with these Social Security disability claims
Individuals over the age of 50 face unique challenges when an injury or illness prevents them from working. Because of a disability, they may not be able to perform work quickly enough to satisfy employers. And labor statistics show that there are fewer full-time jobs open to people over 50. The Social Security Administration recognizes this and takes age into consideration when looking at your ability to adjust to other work and in understanding that you may no longer be able to perform the physically demanding jobs you have always held.
If you are over age 50 and have a severe impairment that keeps you from doing all but the easiest jobs, you should apply for North Carolina Social Security disability benefits. If you are over age 55 and you cannot do any job you have done in the past 15 years, you should definitely apply for North Carolina Social Security disability benefits.
Social Security disability cases for literate claimants under 50 are tough, but not impossible to win. The skilled assistance of an experienced North Carolina disability attorney is essential.
If you have are filing your initial application or an appeal and are not already represented by a North Carolina disability attorney and want my evaluation, please give me a brief description of your claim using the form to the right, or you may contact me using the information below.
Dorman & Howie, PC
North Carolina disability attorneys
210 East Dalton Road
King, North Carolina 27021
