You work all your life, you pay into Social Security and suddenly you are physically or mentally unable to work. How do you pay your bills? How do you take care of your family? Many people think that Social Security benefits are only paid to you once you retire. Thankfully this is a common misconception. If you are injured or have a medical condition that leaves you unable to work, you may be entitled to Social Security Disability Benefits. These are monthly benefits payable for the rest of your life. Additionally, you may also qualify for Medicare Coverage.

Dealing with any government agency can be overwhelming.

Dealing with the Social Security Administration is difficult and confusing. At Brady & Kunz we cut through the government red tape to get you paid faster. You have enough on your mind dealing with your medical condition. We can ease your burden and get you the money you deserve. We have been helping clients receive Social Security Disability Benefits for over 20 years. We know how to properly prepare your application and obtain the necessary documents and medical records that will help win approval for your benefits. We also represent our clients when their claims are heard by an administrative law judge. When you testify before a judge, you want an experienced lawyer to prepare your case and to be by your side fighting for the disability benefits you deserve. Call today for a free consultation (732) 240-4600

CFR Title 20, Chapter III, Subpart P, Vocational Considerations, Section 404.1563

Your age as a vocational factor.

(a) General. “Age” means your chronological age. When we decide whether you are disabled under § 416.920(g)(1), we will consider your chronological age in combination with your residual functional capacity, education, and work experience. We will not consider your ability to adjust to other work on the basis of your age alone. In determining the extent to which age affects a person’s ability to adjust to other work, we consider advancing age to be an increasingly limiting factor in the person’s ability to make such an adjustment, as we explain in paragraphs (c) through (e) of this section. If you are unemployed but you still have the ability to adjust to other work, we will find that you are not disabled. In paragraphs (b) through (e) of this section and in appendix 2 of subpart P of part 404 of this chapter, we explain in more detail how we consider your age as a vocational factor.

(b) How we apply the age categories. When we make a finding about your ability to do other work under § 416.920(f)(1), we will use the age categories in paragraphs (c) through (e) of this section. We will use each of the age categories that applies to you during the period for which we must determine if you are disabled. We will not apply the age categories mechanically in a borderline situation. If you are within a few days to a few months of reaching an older age category, and using the older age category would result in a determination or decision that you are disabled, we will consider whether to use the older age category after evaluating the overall impact of all the factors of your case.

(c) Younger person. If you are a younger person (under age 50), we generally do not consider that your age will seriously affect your ability to adjust to other work. However, in some circumstances, we consider that persons age 45–49 are more limited in their ability to adjust to other work than persons who have not attained age 45. See Rule 201.17 in appendix 2 of subpart P of part 404 of this chapter.

(d) Person closely approaching advanced age. If you are closely approaching advanced age (age 50–54), we will consider that your age along with a severe impairment(s) and limited work experience may seriously affect your ability to adjust to other work.

(e) Person of advanced age. We consider that at advanced age (age 55 or older), age significantly affects a person’s ability to adjust to other work. We have special rules for persons of advanced age and for persons in this category who are closely approaching retirement age (age 60 or older). See § 416.968(d)(4).

(f) Information about your age. We will usually not ask you to prove your age. However, if we need to know your exact age to determine whether you get disability benefits, we will ask you for evidence of your age.

10 Questions to Ask your Social Security Disability Lawyer

A fee agreement must be submitted to Social Security and approved before you must pay your lawyer. If you are awarded disability benefits before or at the hearing level, the fee is based on a percentage (25%) of past due benefits.

The most common expenses are the cost for copying your medical records and medical or vocational expert fees if they are used for your case. Social Security allows your lawyer to ask you to pay these costs while your case is pending, but the lawyer can pay the costs and you can reimburse him or her when your case is completed.

You can file for Social Security Disability benefits anytime but you must prove that your disability exists prior to your full retirement age. You can only collect past due benefits for 1 year from the date your claim is filed.

Yes, if you are awarded Social Security Disability Insurance benefits (SSDI). You will be covered by Medicare on the 25th month of your disability. If you are awarded Supplemental Security Income (SSI) only, you will be covered by Medicaid.

Yes. For 2025 you can earn $1,620 per month and still be eligible for your full Social Security Disability benefit.

Social Security allows a trial work period where you can return to work and continue to collect your disability benefits depending on how long you work and what your monthly earnings are.

No. Social Security calls psychological or psychiatric disabilities “non-exertional” disabilities and will award benefits if you meet the requirements.

If your initial application is denied you have the right to file what’s called a Request for Reconsideration. If that is denied, the next step is a hearing before an Administrative Law Judge. You have the right to appear in-person before the Administrative Law Judge who will hear your case. The majority of hearings are now conducted by video on Microsoft TEAMS.

Yes, if it is determined that their testimony will be helpful to prove your claim. Medical and/or vocational experts may be called to testify on your behalf. In most cases the Judge will also have a vocational expert testify about your past work and whether you can currently work.

You have the right to appeal to what is called the “Appeals Council”. At that level, the Judge’s decision will be reviewed, and a determination will be made whether the Judge’s decision is correct or not.