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Getting Social Security disability benefits before you turn 50

Sep 28th, 2009
by Tomasz Stasiuk.

50th birthday cake

If you are between 18 years old and 50 years old, you are in the most difficult age range to get Social Security benefits.

Before you turn 18, Social Security uses the “child” standard for disability evaluations.

After you turn 18, though, Social Security uses the “adult” standard. You have to show that you are unable to do any type of work which exists in substantial numbers in the national economy. That bit of legalese basically means that you have to show that you can’t do any kind of work anywhere, anyhow so long as it is a substantial gainful activity (SGA).

Social Security can deny your benefits if you are able to perform work at any exertional level.

Some attorneys do not want such a case such where an individual is less than 50 years old. However it is possible to win a Social Security disability case if you’re under 50.  It is just harder, and the attorney has to work for it. But after all, that is why you are hiring a lawyer in the first place.

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  • Debbie
    this is so true having just gone through this myself...I am 49 and was 48 at the time of filing. At the time of hearing I was 49 1/2 so even being just that close to 50 I had to fight the age rule and my condition
  • Whoops! This article went out a bit too early and a bit underdone. Thank you for your patience while the finishing touches were put on!
  • Michael T. McDonald
    My spouse receives Social Security Disability Benefits for Lupus. She obtained benefits after she could no longer work for the State of Texas. Employees Retirement System of Texas has denied short and long term disability benefits claiming my wife, does not meet THEIR definition of "Disabled". Thus far, final hearing is scheduled in Austin on 08 DEC 2009, ERS does not recognize the United States Social Security Disability office or the benefits my spouse receives from same. My question is "Is not recognizing Social Security Disability Benefits to an individual an act, in itself, of "Discrimination"? If anyone has any case law you could site, my wife, a Navy Veteran and disabled with Lupus would appreciate it. Thank you for listening to this Traveling man. Michael T. McDonald
  • Generally speaking, that is, not addressing your wife's case because I cannot provide legal advice through this website, it is often the case that different state and federal programs dealing with disability have different definitions and ways of proving disability. It is not unusual for an individual to be "disabled" under one program and "not disabled" under another program.

    That simply means an individual usually can't trade one decision of disability (under one program) for another decision of disability (under a different program).

    That said, the findings and evidence (if not the ultimate decision) from one disability case is often very useful in another disability case.

    You should strongly consider talking to an attorney who handles the type of state disability benefit claims which your wife is applying for.

    Good luck!
  • Michael T. McDonald
    Thank you, we will look for an attorney immediately. Mike
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