Atticus offers free, high-quality disability advice for Americans who can't work. Our team of Stanford and Harvard-trained lawyers has a combined 15+ years of legal experience and has helped over 50,000 Americans apply for disability benefits.
It’s generally easier for people aged 50 and up to qualify for disability benefits. If you’re under 50, it is possible to win disability benefits, but the Social Security Administration (SSA) will likely examine your application more carefully. That’s because the SSA assumes people under age 50 are more capable of retraining for a different type of work.
The SSA considers age, education, work experience, and functional capacity to make decisions about disability claims. Although it may be more challenging, it's still entirely possible to qualify for disability benefits under age 50. Read on to learn more about how to qualify and win SSDI and SSI benefits.
Yes, your age can impact your eligibility for disability benefits. The SSA uses a five-step process to evaluate eligibility, and age plays a role in this assessment. When you apply for disability, the SSA will evaluate your application based on the following five questions to help determine your eligibility:
Are you working at a substantial gainful level?
Do you have a severe impairment?
Does your disability meet the SSA definition?
Can you do work you’ve done in the past?
Can you do any other types of work?
The fifth question is where your age plays a role. It’s not just about work you’ve done in the past — it’s also about whether you can do any work in the national economy today. If you’re over 50, the SSA will view you as less adaptable to new kinds of work, making it easier for people in this age group to qualify for benefits.
"If you’re 50 and over, the SSA rules will often allow for you to establish a step five without having a vocational expert testify at your hearing,” explains Jeni Popp, a lawyer with Atticus. “If you are 49 and under, however, you don’t have access to this loophole. And so you’re more likely to have to go to a hearing in order to have your case heard."
The SSA divides applicants into four age groups:
Younger Individual (18-49)
Closely Approaching Advanced Age (50-54)
Advanced Age (55-59)
Approaching Retirement Age (60-67)
“Disability for anyone under the age of 50 is just an ordeal, and what we tried to do is listen. We try to bring humanity to an otherwise pretty opaque system,” says Joshua Potter, an Atticus lawyer at Potter, Cohen, Samulon & Padilla.
In some cases, age may be less important in determining eligibility. One example is a Compassionate Allowance case. These cases involve more severe disabilities — some cancers, adult brain disorders, and other rare disorders that affect children and are fast-tracked for approval.
A severe mental health issue that limits your ability to retrain for a new kind of job could be another example where your age has less of an impact.
If you’re applying for disability as a Younger Individual, there are several steps you can take to strengthen your disability claim and increase your chances of getting approved. Here are some tips:
Apply sooner rather than later. If you’re considering applying for disability, don’t wait. After submitting your application, benefits can take up to two and a half years. So it’s always better to start now and not wait to reach a certain age.
Keep up with your medical treatment. The SSA wants proof that you’re actively working with doctors and other medical professionals to improve your condition as much as possible. Attend all your doctor’s appointments and follow your doctor’s treatment plans and advice. When the SSA reviews your medical records, this adherence to recommended treatment will paint you in the best light.
Submit forms on time. Be aware of deadlines and communicate well. If the SSA asks you to send them a particular piece of paperwork, complete it correctly and submit it as soon as possible.
Work with a lawyer. Applying for disability can be complex and confusing, especially if you’re under the age of 50. A good disability lawyer will walk you through each step, helping you navigate the many forms, paperwork, and conversations that you’ll need to undertake. They can also represent you at a hearing. Approximately 84% of applicants receive a rejection at the reconsideration stage, but they can appeal and proceed to a hearing.
Get a residual functional capacity (RFC) assessment. An RFC assessment evaluates how well you can perform work-related activities. It tests your ability to do physical activities like lifting and carrying and mental activities like following directions.
The SSA will assess your medical records to determine your RFC and decide how much work they think you can do. RFC is especially important for applicants under age 50. It can prove to the SSA that your physical and mental limitations would make it impossible to retrain for a new job.
A residual functional capacity form is an assessment that either your doctor or an SSA doctor will complete. They’ll note your physical abilities, checking whether you can do sedentary, light, medium, heavy, or very heavy work. If you can only do sedentary or light work, you’ll have a better chance of winning benefits. The SSA will also consider factors such as your education and work history.
If you have a mental or cognitive impairment, your doctor will also need to fill out an RFC form based on your mental abilities. You can learn more about RFC forms in our article about the SSA’s five-step evaluation process.
It’s easier to get approved for disability if you are 50 or older, but that doesn’t mean you should wait. Even if you’re younger than 50, if you have a disability that prevents you from working, apply for benefits as soon as possible.
If you apply for disability as soon as you’re unable to work, this helps build a strong case to prove to the SSA that you aren’t working because of your medical condition. So start collecting medical evidence for your application right away.
Should you wait until you're 50 to apply for benefits?
Need a hand navigating your disability application? We’re happy to help. Take our two-minute disability quiz and someone from our team will reach out with advice. We can also connect you with a disability lawyer from our network of professional attorneys.
How long has your condition made it hard to work?
Jackie Jakab
Lead Attorney
At the bottom of many websites, you'll find a small disclaimer: "We are not a law firm and are not qualified to give legal advice." If you see this, run the other way. These people can't help you: they're prohibited by law from giving meaningful advice, recommending specific lawyers, or even telling you whether you need a lawyer at all.
There’s no disclaimer here: Atticus is a law firm, and we are qualified to give legal advice. We can answer your most pressing questions, make clear recommendations, and search far and wide to find the right lawyer for you.
Two important things to note: If we give you legal advice, it will be through a lawyer on our staff communicating with you directly. (Don't make important decisions about your case based solely on this or any other website.) And if we take you on as a client, it will be through a document you sign. (No attorney-client relationship arises from using this site or calling us.)
Terms | Privacy | California Privacy | Disclaimer | This website is lawyer advertising.