The Worn-Out Worker and Social Security Disability Claims
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The Worn-Out Worker and Social Security Disability Claims
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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. 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. For more details visit https://www.michaelmoncelaw.com/blog/the-worn-out-worker-and-social-security-disability-claims/
Transcript of The Worn-Out Worker and Social Security Disability Claims
The Worn-OutWorker and SocialSecurity DisabilityClaims
ContentIntroduction
Eligibility Criteria
How social securityadminstration evaluates?
Work activity
Conclusion
IntroductionThe “Worn-Out Worker” rule is a provisionof Social Security Disability Law thatapplies to individuals who have only amarginal education and work experienceof 35 years or more and did arduousphysical labor.
This rule can allow a claimant, whootherwise would not be found disabled, tobe awarded benefits.
ELIGIBILITY CRITERIAIf you have only a marginal education and workexperience of 35 years or more during which youdid arduous, unskilled physical labor, and you areno longer able to do this kind of work because of asevere impairment(s), the Social SecurityAdministration will consider you unable to dolighter work, and therefore disabled.
However, if you are working or have worked despiteyour impairment(s), the Social SecurityAdministration will review all the facts in your case,and may find you are not disabled.In addition, theSocial Security Administration will consider you arenot disabled if the evidence shows that you havetraining or past work experience which enables youto do substantial gainful activity in anotheroccupation with your impairment.
How social securityadminstration evaluates?
By marginal education, the Social SecurityAdministration means your ability in reasoning,arithmetic and language skills is quite limited.Schooling up until the 6th grade level is usuallyconsidered to be marginal.
However, actual grade level may not be necessaryin determining your actual educational abilities ifthere has been a long time between thecompletion of your schooling and when yourimpairments actually began.
Therefore, a claimant could still be founddisabled even if he or she have a higher or lowereducational background under the worn-out-worker rule.
WORK ACTIVITYThe Social Security Administration will then look atthe claimant’s years of qualified work.
The claimant must have 35 years of qualified workin order to be able to argue that the rule applies tothem.
It is not a requirement that these 35 years becontinuous, there can be interruptions.
The Social Security Administration will then look atthe actual physical labor which the claimant hasperformed.
CONCLUSIONWork activity can qualify as “arduous” even thoughit is classified as medium or light work.Performance of semi-skilled or skilled work will notpreclude a finding of disability if:
The individual’s skilled or semi-skilled work wasisolated, brief, or remote and did not result in skillswhich enhance the person’s present ability to dolighter work;
If you believe that you may meet the requirementsfor the worn-out worker rule as highlighted above,and you reside in the Northern Kentucky, SoutheastIndiana, or Greater Cincinnati area, call the lawoffice of Michael Monce at (859)344-8090
