Can You Apply For Social Security Disability After Age 65 - Social Security Disability Insurance (SSD or SSDI) provides monthly benefits to any eligible employee or former employee who is too disabled to work due to injury or illness. If you have worked enough years to earn the required "work points", you are eligible to apply for SSD benefits, regardless of your age.
In this blog post, we at the Clauson Law Firm would like to explain what the Social Security Administration (SSA) calls a “Permanent Disability Review,” or CDR. This is the process the SSA uses to check each recipient of SSD benefits to see if the impairment that caused their disability has improved enough to disqualify them for disability benefits. We'll also explain how the CDR plan and other things change at ages 50, 55, and 60. First, we'll look at how the CDR system works. If you have questions about how the CDR process applies to your case, contact Clauson Law to get all the answers you need.
Can You Apply For Social Security Disability After Age 65
The law requires the SSA to regularly conduct a continuing disability review to prevent SSD benefits from being awarded to someone whose disability has improved enough to return to work.
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However, because some conditions are certain to be lifelong disabilities, the Social Security Administration has developed a scoring system to distinguish cases that are likely to improve from those that are unlikely to improve. This process allows the SSD office to waste valuable staff hours looking at the least likely cases to see improvement in disability.
Fair and uniform application of SSD rules and regulations requires that there be a single definition of "disability" because the system will not work if two case examiners assess the disability of the same benefit applicant differently.
The Social Security Administration defines disability as "a medically determinable physical or mental impairment that lasts or is expected to last 12 months (or results in death) and prevents a person from performing gainful activities." Substantial Gains Activity" (SGA), SSA means activities that can earn you a certain amount of income. In 2022, the amount is $1,350 per month. (The income limit for a blind applicant is $2,260.)
As the original application of SSD's benefits are evaluated in the definition, so is CDR. Not a disability recipient of SSD benefits
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In order to use its personnel and financial resources more efficiently, SSA has established a schedule of Continuous Disability Reviews (CDRs) to indicate the possibility of improvement based on the type of disability of the SSD claimant. The SSA assigns each new approved disability claim to one of three Medical Modification (MI) categories:
How often your case is reviewed in the CDR system is determined by the division to which your case is assigned.
Expected Medical Development (MIE): Cases assigned to the MIE category are scheduled for a CDR of not less than 6 months but not more than 18 months. Examples of disabilities that qualify for SSD benefits initially but are expected to improve are most injuries and illnesses that have a record of responding to treatment. Some cancers, such as those in the bone marrow or for which a stem cell transplant may be recommended, can go into remission. SSD claims are initially qualified because the disability will last a year or more, but progress is expected to follow thereafter.
Bone injuries treated with surgery followed by a period of rehabilitation therapy are also expected to improve. A Permanent Disability Review is done after a short period of time because of the high probability of some improvement.
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Potential Medical Improvement (MIP): Cases assigned to the MIP category are scheduled for their regular disability review once every 3 years. This category is intended to include severe but not necessarily permanent disabilities. Clinical improvement is not expected as in cases of MIE category, but improvement is possible.
The SSA guidelines use examples such as Crohn's disease, chronic colitis, epilepsy, and schizophrenia to illustrate the types of disabilities that may fall under the MIP category.
Medically Unexpected Progression (MINE): Cases are placed in this category when, based on the current level of medical knowledge and general practice applied, and based on SSA's administrative experience, the claimant's disability is likely to continue. More disability over time.
Because of the low probability of clinical improvement in these conditions, CDR is scheduled to be performed no more than every 7 years but no less than every 5 years.
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Each of us becomes more vulnerable to injury and illness as we age. This claim is recognized by the Social Security Administration as it manages its own resources. The SSA does not want to spend valuable time reviewing cases with clients whose age makes their re-employment potential low.
Their regular disability review is rescheduled to take place every 5-7 years, even if they are assigned to a MIE category that usually calls for a CDR every 3 years. This administrative change reduces the likelihood that an SSD recipient age 50 or older will be denied benefits due to a CDR rating.
Age is also a factor when evaluating your residual functional capacity (RFC) because the SSA believes it is harder for an older worker to learn new job skills, which SSD case reviewers call "technical adjustment." Because of the perception of older SSD benefit recipients and SSD applicants, a person over age 50 will have an easier time gaining approval for benefits and maintaining benefits after CDR.
The Social Security Administration considers them to be in "old age." The old age designation applies to all applicants and recipients for disability benefits between the ages of 55 and 59.
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When a CDR is made in a case where the recipient of the SSD benefit is 55 or older, the extent of the recipient's work capacity is greatly affected by the fact that the only real work opportunities exist in their regular work. When a younger disabled recipient can be seen to adapt to a new job description, older candidates are not necessarily considered to make this change.
When a 60-year-old person is disabled, whether they have already received SSD benefits or are thinking about applying for them, the question of late retirement comes to mind.
Social Security denies early retirement as a policy. The government designed the Social Security system to provide full retirement benefits to those who reach full retirement age (FRA). You can apply for early retirement at age 62, but you will lose a significant percentage of your full retirement age benefit, and the reduced benefit is permanent.
Early retirement can cost you up to 30% of the monthly benefit you would have received if you had waited until you reached your FRA.
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. If you are 62 or older and still below your FRA, you should apply for SSD benefits. There is no penalty to apply and eligibility will result in full pension payments until you reach your FRA. Then, when you reach full retirement age, your benefits will simply switch from disability benefits to retirement benefits, with no change to your monthly benefit amount.
Social Security Disability Insurance (SSD or SSDI), Supplemental Security Income (SSI), and Social Security Retirement Benefits (SSR) involve general rules and specific exclusions. Only a professional who focuses on the Social Security Administration system every day can really understand how it all works.
Getting the right help with your disability claim is important because even the smartest person working without the help of an experienced disability attorney can make a mistake that could cost you valuable time and significant benefits.
The Clauson Law Firm has focused on disability law for decades, with our top attorney being one of the nation's foremost experts in disability law and practice. We may be based in North Carolina, but we serve customers nationwide. We can help you with your Social Security Disability case if you live anywhere in the United States.
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Don't settle for less than the best legal representation you deserve. Call us for a free consultation about your disability case today.
Cases assigned to the MIE category are scheduled for CDR not less than 6 months but not later than 18 months.
Clauson Law has focused on representing injured and disabled people for over 10 years. We have handled thousands of cases. Every customer is important to us and has a unique situation. As soon as you turn 50, all the rules about Social Security Disability (SSD) change. It is important for you and your attorney to understand how these changes affect you, your situation, and your application for disability benefits.
At Midwest Disability, PA, all we do is handle disability benefits claims. We understand how applying for SSD after 50 will change your eligibility and what it can do for you. To learn more, please
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