What is the test for denying Social Security benefits for an elderly man, who was denied benefits because of his age?

MultiRegion, United States of America

The following excerpt is from Tylitzki v. Shalala, 999 F.2d 1411 (9th Cir. 1993):

1 I note also that because Tylitzki is past age fifty-five, the Secretary must meet an even more stringent burden in denying his benefits application. Age fifty-five is the "point where age significantly affects a person's ability to do substantial gainful activity." 20 C.F.R. 404.1563(d) (1992). In order to meet these more stringent burdens, the Secretary must identify work for older claimants which is less demanding than their previous unsuitable work, id., although the work "cannot require so little skill that anyone at all could do it, as older people are at a competitive disadvantage for such jobs." Terry v. Sullivan, 903 F.2d 1273, 1276 (9th Cir.1990).

Other Questions


Is a beneficiary's marriage to a spouse entitled to Social Security benefits under the Social Security Benefits Act? (MultiRegion, United States of America)
Can a beneficiary of Social Security benefits be denied disability benefits if the disability was terminated for a non-medical reason? (MultiRegion, United States of America)
What is the test for a claim for Social Security benefits under the Social Security Act? (MultiRegion, United States of America)
How has the court treated the use of a relative as a substitute for a claim for social security benefits when the disability benefits have been terminated? (MultiRegion, United States of America)
Does the Court have jurisdiction to review a decision by the Health and Social Security Secretary refusing to reopen a previous decision denying benefits? (MultiRegion, United States of America)
What is the test for denying benefits under the Social Security Act? (MultiRegion, United States of America)
What is the test for reviewing a decision of the Secretary of Health and Social Security denying benefits? (MultiRegion, United States of America)
What is the difference between disability benefits and Social Security Disability benefits? (MultiRegion, United States of America)
Can an insured individual that is not deliberately unemployed be denied benefits under section 29 and 30 of the Health and Social Security Act? (Canada (Federal), Canada)
How has the Commissioner of Health and Social Services rejected an application for Social Security benefits for a second time? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.