As a Social Security disability attorney, I frequently receive emails like pose this question – from a man or woman in their 30’s or early 40’s with a long standing medical condition that makes work a real struggle.
Sometimes the issue is chronic pain – in the back, the knees or even a generalized body pain (like fibromyalgia). Sometimes the underlying medical condition is a chronic disease like diabetes or kidney disease that saps one’s energy and makes it difficult to function reliably day after day.
I even hear from potential clients who are cancer survivors – the cancer may have been removed surgically but the struggles with long term effects of chemotherapy or radiation remain.
More recently I am hearing from Covid “long haulers” – people who contracted Covid in 2020 and who continue to struggle with cognitive loss, low energy and occasional breathing issues.
And almost every younger person I correspond with has some level of anxiety or depression about how facing a future with likely lifelong medical complications, and stress about how they will support themselves or their families.
Should You Quit Work to File for Disability?
So, if you find yourself in one of these situations, what should you do? Keep working? Quit and file for disability? Work part time and file for disability? Here are my thoughts about the reality of pursuing disability if you are under 50 and still hanging on at work.
First, understand that winning Social Security disability is not a guaranteed thing and that the process will likely take 18 to 24 months. Note that I used the word “winning.” Unlike retirement Social Security, which you get automatically based on age, there is nothing automatic about Social Security disability. Instead you have to convince a Social Security decision-maker (first an “adjudicator” and eventually a disability judge”) that you meet SSA’s definition of disability.
Second, keep in mind that Social Security defines disability in terms of how your medical problems prevent you from working and your condition needs to be one that has or will keep you from working any job (not just your past work) for at least a full year. Therefore if you are still able to work, full or part time, and even if you struggle mightily in doing so, you are not disabled as a matter of law.
Social Security relies on a concept called substantial gainful activity (SGA), which is roughly equivalent to having the capacity to perform entry-level, minimum wage, sedentary work. They even assign a dollar figure, which is adjusted yearly, to this concept. In 2021 if you are able to earn $1,310 gross per month, you are, by definition, engaged in substantial gainful activity and therefore not disabled.
Activities equivalent to basic entry level work like going to school or volunteering, or even babysitting your grandchildren often equals SGA. I also find that ongoing part-time work tends to muddy the waters – judges often conclude that if you can work part time consistently, you could probably boost your hours just a little to reach that $1,310 threshold.
So, in most cases if you realistically want to give yourself the best chance at winning disability benefits as a 30+ or 40+ year old claimant, you need to show no ongoing earnings currently, and medical evidence of a serious condition that has or will keep you out of work for at least a year. You need to be prepared to wait up to two years for a decision on your case without working, all while continuing to seek medical treatment for your serious condition.
Is it impossible to win Social Security disability benefits as a 35 year old or a 45 year old? Not at all – disability judges will approve claimants of any age if the medical documentation proves that you are disabled. But the medical evidence in your case must be very strong.
If you are under 50, you will need consistent medical treatment and very strong opinion evidence from your treating doctors (ideally medical specialists) explaining why you would not be a reliable employee. Your attorney can identify exactly what form this evidence should take.
Medical Conditions that can be Imaged are Much more Likely to be Approved
I can also tell you from my experience that medical conditions that can be imaged with an MRI or CT, or conditions that can be diagnosed with objective testing are much more likely to be approved than conditions that rely on subjective reporting. Claimants diagnosed with herniated discs, congestive heart failure, cancerous tumors, irritable bowel disease, uncontrolled diabetes with neuropathy, or multiple sclerosis are much more likely to win as opposed to claimants with fibromyalgia, lupus, Lyme disease, depression or PTSD. This may not be fair, but this is the reality of Social Security disability.
So, my advice to any potential disability filer under age 50 who is still able to struggle to get through their workday is as follows: continue to try to work for as long as you possibly can. If your current job is too taxing, look for a less demanding type of work. Your good faith effort to remain in the workforce will help if you do end up pursuing disability benefits. View the disability option as a last resort.
Finally, remember that if you do pursue disability, your case will likely end up in front of a busy judge who will have reviewed the medical records in your file for maybe 45 minutes to an hour. Your hearing will last 45 minutes. So the evidence in your case can leave no room for debate – you may be living with pain, fatigue and depression – but your testimony will not determine whether you win or lose. The judge will rely almost exclusively on your medical record so it needs to be completely supportive of your claim.
The post “I’m 34 Years Old with Serious Medical Problems but Still Hanging on at Work. Should I Quit and File for Social Security Disability?” appeared first on Social Security Disability | Expert Help | Free Case Evaluation.
