Unfortunately, if you’re under 50, the law requires the judge to consider any job that exists in the national and regional economies to determine whether or not you’re disabled. If you’re over 50, the law begins to cut you a break and that is when it is even more important to contact an experienced attorney who knows the law, who knows the medical and vocational guidelines, who understands the grids and who understands how to help make those guidelines work in your favor. You can never be too young to get disability. However, once you reach your retirement age, you’re no longer eligible for social security disability. You get retirement. Once you get to your retirement age, you can no longer get social security disability benefits. Then you’re eligible for social security retirement benefits.
The biggest difference is if you’re under 50, the law forces the judge to consider all jobs that exist in the economy in determining whether or not you’re able to work and able to maintain employment. Once you turn 50, the law does begin to allow the fact finder to consider the kinds of jobs you’ve done in the past. It considers whether or not those skills would transfer to light level physical work. There are other factors if you’re under 50, it really doesn’t look whether or not if there’s any jobs out there that you can do. In addition to that analysis, there is a very extensive catalog of lists, these are very specific medical conditions.
The disability process is long. It is important to work with an attorney, an experienced representative so that that process does not become longer. The process can take from an year to a year and a half from the time that you file your case until you can get to a hearing before an administrative law judge. However, missing deadlines, missing appeals, having to start over will only add and make that time go on even longer. It is imperative to have an attorney in your team early in the process to make sure that that process does not get delayed even further.
Common Client Mistakes Detrimental to A Desirable Outcome in an SSD Claim
One of the biggest things that people do that will cause them problems is to miss doctors’ appointments. Fail to follow through on things that doctors and the medical professionals have prescribed. Another thing that is detrimental to one’s security case is illegal drug use. Self-medicating through drugs that are either not currently legal or pain killers in Nevada as well as using drugs or medications that are not prescribed to you but maybe prescribed to others. Those things do not help your case.
The Process of Determining Potential Drug Abuse in an SSD Benefits Claim
Drug Use finds its way into medical records. Those medical records find their way into the hearing and a lot of judges are not forgiving of heavy alcohol or any drug use. A lot of judges just don’t want to afford any government benefits to anyone if they think those benefits are going to buying alcohol or drugs.
The Ramifications of Drug Abuse on a Social Security Disability Claim
Legally the drug use only has to stop long enough for the judge to be able to determine that even though the drug use has stopped, disability remains. Practically drug use only has to stop long enough for the judge to believe there is a likelihood that the drug use will continue to stop in the future.