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When seeking Social Security Disability (“SSD”) benefits, the Social Security Administration (“SSA”) applies different rules depending upon the age of the claimant. The SSA Rulings state that, “The chronological ages, 45, 50, 55, and 60 may be critical to a decision.” The SSA’s regulations, HALLEX and POMS provide that the SSA “will not apply the age categories mechanically in a borderline age situation.” A “borderline situation” exists where the claimant is within a few days to a few months of reaching an older age category.
I
represent a nurse with gastroenterologic impairments, whose SSD
application was approved today. The claimant was 49 years and 10 months
old on the onset date of her disability. In approving the application,
the administrative law judge (“ALJ”) concluded that “Applying the age
categories non-mechanically, and considering the additional vocational
adversities in this case, the claimant was an individual closely
approaching advanced age on the established disability onset date.”
A
person who is under 50 falls into the category of a “younger
individual.” A person who is 50 to 54 falls into the category of an
individual “closely approaching advanced age.” As a 49 year old, the
SSA rules for the nurse indicated that she should have been found not
disabled, while as a 50 year old, the converse is true. However, the
ALJ decided to treat the nurse’s application as a borderline situation,
and applied the age categories non-mechanically, to find the nurse
disabled as of her onset date. The result is that the claimant will
receive two additional months of SSD benefits, which equals several
thousand dollars.
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