Disabled, No Pension & No Savings: Now What Do You Do?
Posted: Saturday, August 16, 2008
by jervalaw
Law Office of Jerry Lutkenhaus
The American system of retirement was built on a tripod: Social Security, a Pension, and Savings. Now many companies have eliminated pensions and most people do not have enough savings for retirement. With the housing crisis, they have seen the value of the equity in their homes evaporate. If you cannot work, can you qualify under the Social Security system for your only support?
First, you contact your local security office and file an application. Nowadays, this can be done online.
Second, you have to show you are "disabled." Social Security looks at a combination of your age, education, skills, and your impairment to decide whether or not you are "disabled."
As a general rule the older you are the easier it is to prove disability. Social Security has devised a set of artificial age boundaries. Thus, if you are 49 and younger, it is very difficult to qualify. If you are 50-54, it becomes somewhat easier. If you are 55-59, your increase age can really help you. If you are 60-64, then your age can almost become the dominant factor in showing disability.
Also, as a general rule, the less educated and the less skilled you are, the easier it is to establish disability under the rules. However, little education and skills is not going to help you if you are 49 or younger. The reason is Social Security will assume at age 44 you are young enough to obtain skills or education to obtain a job. Thus, lack of education and skills is not really important unless you are 50-54 or better yet 55-59. Using these guidelines, an ideal candidate for disability would be one (1) who is at least 55; (2) with an impairment that prevents the worker's lifetime work; (3) who has less than a high school education; and (4) who has only done unskilled work. An example of this would be a 55 year old janitor with an orthopaedic impairment who only has a 9th grade education.
Conversely, if the worker applying for Social Security Disability, has a college education or a history of skilled work, the case for disability will become much harder. This is so, because Social Security's rules assume there are many employment opportunities still available for a worker who is highly educated or has a skilled work background. So even if you are 55 years old and cannot do your pre-impairment work, Social Security may still deny your claim due to your education or skills.
Social Security will require your impairment to be severe. It also will have to be an impairment that will last 12 months or more. This is not a short term disability program. So, an impairment that can be corrected by an operation or that can improve will not qualify. For example, a heart problem can be severe but if a stent or a bypass can ameliorate the problem it may not be severe enough. Also, even though a herniated lumbar disc is often a severe problem, it may not qualify if physical therapy, a job change, or an operation can relieve the problem. A stroke is a severe problem but if physical therapy allows for a degree of functioning it may be disabling.
Third, there are state agencies that work with partially disabled workers to re-enter the work force. It may be wise to apply to those agencies at the same time you apply with Social Security in case your case is turned down. If the state rehabilitation agency cannot help you, then this may help you on your disability case.
Fourth, when you file, you need to submit a comprehensive report from your treating doctor explaining in detail how your impairment disables you.
Finally, it is a good idea to contact an experienced Social Security Disability attorney about your case. He or she can give you some idea of your chances. This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Copyright© 2006, Gerald G. Lutkenhaus. ALL RIGHTS RESERVED
Jerry Lutkenhaus is a practitioner of Social Security Disability law in the Richmond, Virginia area for over 35 years He was given an "AV" rating by Martindale Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see our websites at http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com or call Jerry Lutkenhaus at 804-358-4766.
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