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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. For more details kindly visit: https://www.michaelmoncelaw.com/the-worn-out-worker-and-social-security-disability-claims/
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The Worn-Out Worker and Social Security Disability Claims
content worn-out worker rule Introduction Eligibility SSA rules 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.
worn out worker rule 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.
Eligibility 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. A claimant may also may have attended school beyond the sixth grade, but other evidence may establish a capability for reasoning, arithmetic, and language which does not exceed the “marginal” criterion.
SSA rules 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 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