Friday, January 10, 2020

Age & Disability

Social Security Act was enacted in 1935 to provide economic security when individuals reached retirement age. The idea was that when people become older, they gradually lose the ability to work on a full time basis. It was not until 1956 that Social Security Disability (“SSD”) benefits were added. The reasoning was that many people become unable to work before they reach retirement age, and they need economic security also. 

Age may impacts an individual’s entitlement to SSD benefits in two ways. The older you are, the more likely you have generated a long work history. Also, with the passage of time, the chances increase that a person will sustain an injury or illness that diminishes functionality, especially with progressive medical conditions. 

We represent two claimants whose SSD applications were approved today after hearings. One was a pain specialist from West Hampton Beach, and the other was a stock trader from Commack. Both were 60 years old, and both had long work histories, which the administrative law judge (“ALJ”) found supported the credibility of their complaints and testimony. Both claimants also had orthopedic complaints that were consistent with multiple objective diagnostic MRI and EMG tests. Recent rules and regulations require an ALJ to place greater emphasis on objective evidence. 

Both claimants were looking for a Long Island Disability Attorney and were referred to me by other attorneys.  They are very happy with the outcome of their cases!

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