Alan J. Nuta, Attorney at Law
Social Security Disability

CALL: 1-888-263-2630



Offices in:
Frederick, MD
Gaithersburg, MD
Greenbelt, MD
Hagerstown, MD
Westminster, MD

November 2006

Retirement and Social Security Disability Benefits

One thing that gets easier as you get older is getting Social Security disability benefits.  Do you know that many disabled people can get Social Security disability benefits up to their full retirement age - which is now past age 67 for many people?

If you know someone who is considering applying for early Social Security retirement benefits, there is a big advantage to applying for disability benefits instead.  Social Security disability benefits pay the same rate as full retirement benefits.1

In order to get disability benefits at any age, there must be a severe impairment or combination of impairments preventing substantial gainful work activity.  If a claimant over 50 years old has exertional limitations (problems lifting, standing, walking, and sitting), there are legal presumptions that make it easier to get benefits than it is for younger claimants.

Social Security law has certain assumptions based on a person's age, especially after age 50.  A claimant still must prove inability to work and prove there are significant exertional limitations.  Congress has allowed for the difficulty of being retrained for less strenuous work at an advanced age.

Imagine a farm worker, trucker driver, or factory worker who has done very heavy work for an entire work career.  For such a person, particularly someone with a limited education, a severe back or knee injury, for example, may prevent him or her from returning to the former work.  Social Security recognizes that it is difficult with age and educational challenges to retrain for a career change.

The story might be different for a 20-year-old with the same injury, or even a 45-year-old with a college degree.  Here the assumption might be that the person could get education and training to shift to less strenuous work.

It is vital to understand that if a person is considering applying for early Social Security retirement because of medical issues, it may be more beneficial to apply for Social Security disability benefits instead.

If you know of anyone who might qualify for disability benefits, please have them call my office at 1-888-263-2630 to schedule a free appointment.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.