Elkind & Shea, The Disability Benefits Law Firm
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Disability and the Inability To Work – Facts You Need To Know Before Filing a Disability Claim
It would be a far more interesting world if we grew younger rather than older. Unfortunately, we all face common issues of aging. As we grow older, our bodies do not function as well as they once did. Over time, aches and pains eventually become impairment and immobility.
Disability is indiscriminate. Anyone can become disabled at any time. However, the statistical evidence is clear that the degenerative processes caused by aging result in a disproportionately larger number of disability cases. In fact, the Social Security Administration anticipates a five-fold increase in disability claim filings between the years 2000-2010 as the Baby Boomer generation ages.
Since the effects of aging on health are well-documented, you would expect that the Social Security Administration and private insurers would account for this factor as part of their claims review processes. As you will find out, the difference between expectation and reality is substantial in this case.
The Social Security Administration does make some allowances for aging. As you age, you are not required to do more strenuous work. For example, a 50 year old person would not be expected to perform labor that requires routine, repetitive lifting 20 pounds or more throughout the workday. Unfortunately, this accommodation is of limited utility given that advancements in mechanization in our society have resulted in fewer jobs that require such arduous physical exertion. Further, if you have an advanced education and/or accumulated job skills that are transferable to other work, these credentials will be held against you. Even more disconcerting is the fact that the Social Security Administration will expect you to retrain for other employment until the age of 55 years at which time you will still be expected to do similar work, if available.
Education and job skills are routinely cited by private insurers in order to identify other work that a claimant will have the alleged ability to perform. What is even more disturbing is the fact that these private disability plans make no adjustment for a persons age whatsoever.
If this seems unfair, join the ever-growing crowd of people who have suffered unfair disability claim denials. The good news is that skilled, experienced help is available. A disability benefits law firm focuses on helping disabled persons receive the benefits they deserve.