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The u201cWorn-Out Workeru201d rule is a provision of Social Security Disability Law that applies to individuals who have only a marginal education and work experience of 35 years or more and did arduous physical labor. For more details visit https://www.michaelmoncelaw.com/blog/the-worn-out-worker-and-social-security-disability-claims/
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The Worn-Out Worker and Social Security Disability Claims
Content Introduction Eligibility Criteria How social security adminstration evaluates? Work activity Conclusion
Introduction The “Worn-Out Worker” rule is a provision of Social Security Disability Law that applies to individuals who have only a marginal education and work experience of 35 years or more and did arduous physical labor. This rule can allow a claimant, who otherwise would not be found disabled, to be awarded benefits.
ELIGIBILITY CRITERIA If you have only a marginal education and work experience of 35 years or more during which you did arduous, unskilled physical labor, and you are no longer able to do this kind of work because of a severe impairment(s), the Social Security Administration will consider you unable to do lighter work, and therefore disabled. However, if you are working or have worked despite your impairment(s), the Social Security Administration will review all the facts in your case, and may find you are not disabled.In addition, the Social Security Administration will consider you are not disabled if the evidence shows that you have training or past work experience which enables you to do substantial gainful activity in another occupation with your impairment.
How social security adminstration evaluates? By marginal education, the Social Security Administration means your ability in reasoning, arithmetic and language skills is quite limited. Schooling up until the 6th grade level is usually considered to be marginal. However, actual grade level may not be necessary in determining your actual educational abilities if there has been a long time between the completion of your schooling and when your impairments actually began. Therefore, a claimant could still be found disabled even if he or she have a higher or lower educational background under the worn-out- worker rule.
WORK ACTIVITY The Social Security Administration will then look at the claimant’s years of qualified work. The claimant must have 35 years of qualified work in order to be able to argue that the rule applies to them. It is not a requirement that these 35 years be continuous, there can be interruptions. The Social Security Administration will then look at the actual physical labor which the claimant has performed.
CONCLUSION Work activity can qualify as “arduous” even though it is classified as medium or light work. Performance of semi-skilled or skilled work will not preclude a finding of disability if: The individual’s skilled or semi-skilled work was isolated, brief, or remote and did not result in skills which enhance the person’s present ability to do lighter work; If you believe that you may meet the requirements for the worn-out worker rule as highlighted above, and you reside in the Northern Kentucky, Southeast Indiana, or Greater Cincinnati area, call the law office of Michael Monce at (859)344-8090