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b2ap3_thumbnail_illiterate_20200213-163419_1.jpgIt may surprise you to learn that roughly one in five American adults struggle with basic literacy. This is according to figures published by the U.S. Department of Education's National Center for Education Statistics. Specifically, this group representing approximately 20 percent of adults “have difficulty” with completing tasks that involve “comparing and contrasting information, paraphrasing, or making low-level inferences.” Now you may be wondering if illiteracy qualifies a person for Social Security disability benefits. The short answer is no; the mere fact a person has little or no literacy skills is not considered a disability as such. But for applicants between the ages of 45 and 54, Social Security will consider illiteracy as a factor in favor of awarding disability benefits.

Magistrate: Social Security “Failed to Properly Evaluate” Disability Applicant's Illiteracy

Of course, that assumes the applicant can demonstrate they are, in fact, illiterate. Social Security officials often have difficulty taking illiteracy claims at face value. And in some cases, this difficulty crosses the line into simply ignoring the available evidence.

A recent decision from an Illinois federal magistrate judge, Kenneth S. v. Saul, provides a useful illustration of what we are talking about. The plaintiff in this case filed for disability benefits at the age of 47, alleging a number of physical impairments related to his back, neck, shoulder, and hip. The plaintiff informed Social Security he was illiterate, but managed to work as a production laborer at a syrup factory for over 20 years thanks to a “benevolent employer.”

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