I used to be a disability claims examiner for the social security administration and I approved cases for individuals in every age group. Age isn't as much of a factor as many people might think.
Yes, age does benefit some people who apply for disability benefits. The system is set up so that individuals who are age fifty and older are given a little more consideration, and individuals who are fifty-five and older are given even more consideration than that. The reasoning behind this is that older individuals will have more difficulty learning new job skills and/or will have job skills that are not as current, not as marketable and, thus, they will have difficulty transitioning to new types of employment if their medical impairments makes it impossible for them to continue doing their most recent job.
And, yes, applications for young children seem to have a tougher time getting approved. From my own observations, this seems to be because a lot of child claims are filed on the basis of conditions that either ameliorate over time, or for which the medical documentation is sparse (in other words, a lot of parents file disability claims for their children before it is really obvious that they are, in fact, disabled).
However, having said all that, the truth is that age is not a preeminent concern for most social security disability and SSI disability claims (both types of disability claims are evaluated in exactly the same manner, in terms of medical record evaluation).
What is important is this: do your medical records indicate that you have the following?--
1. A severe impairment.
2. A severe impairment that is severe enough to prevent you from working and earning a substantial and gainful income (this could be at a job you've done in the past or at some form of "other work") for a period of at least one full year. Note: if you haven't already been out of work for a full year due to your condition, you can still apply and the disability examiner (or an administrative law judge if the case has progressed to the hearing level) can make the determination as to whether or not your condition will have the effect of keeping you from working for a one year period or longer.
Obviously, whether or not you get approved for disability depends entirely on what your medical records have to say about your condition and how it limits your ability to engage in work activity. Age, in and of itself, is a relatively minor factor in the determination process.
Now, let's consider the other part of your question, which had to do with getting a lawyer.
1. Nationally, on average, about 30 percent of all cases that are filed at the initial claim level are approved. So, despite the fact that this also means a 70 percent rate of denial, it does dispel the myth that nearly everyone gets denied for disability. Most people do get denied. But close to 1 out of 3 individuals do get approved.
2. I can tell you for a fact, based on years of working as a social security administration disability examiner that the vast majority of the individuals who get approved for disability at the initial claim level DO NOT have lawyers. Why is that the case? Because, typically, you don't need a lawyer at that stage. And even if you get a lawyer at that level of the process, there's not much for them to do anyway.
3. If you get denied for disability on your initial claim, and then get denied on your first appeal (the request for reconsideration), you should file your second appeal, which is a request for a hearing before an administrative law judge. At this stage, it would be foolish not to get representation.
Representation can be obtained from a disability lawyer or a non-attorney claimant's representative. Yes, your representative doesn't have to be a lawyer. And, in fact, many non-attorney reps used to work for social security and know far more about the disability evaluation process than the typical lawyer who does a hodgepodge of disability cases, personal injury cases, dog bite claims, and speeding tickets.
In the end, however, when you seek representation, either from a lawyer or a non-attorney, you want someone who specializes in social security disability claims, not a jack-of-all-trades who doesn't really know what he's doing (and there are many lawyers who show up at hearings who, amazingly, know relatively little about social security disability criteria).
4. Finally, regarding cost, the fee for representation is NOT decided by the person who represents you. It is regulated by the social security administration. And it is currently set at 25 percent of your back pay up to a maximum of $5300 (in the middle of 2009, the maximum fee will be raised to $6000). Of course, since the fee for representation is based on back pay, which you only receive if you win your case, then it follows that you don't pay a representative until a case has been won.
Which means no upfront fee or retainer. Which means any