Worn Out Worker Rule

 The "worn out worker" rule, a little-known provision of the Social Security regulations, applies to some disability applicants whose employment history consists of many years of unskilled physical labor. The worn out worker rule allows for eligible disability claimants who would otherwise have their disability claim denied to be awarded Social Security benefits.  The worn out worker rule is not used often, but remains important for those workers who would otherwise be left without the Social Security disability benefits they deserve.

 To qualify, the disability applicant must:

1. have what's defined as a "marginal education." In general, the claimant must have a low skill level in academic areas such as reasoning, arithmetic, and language. A claimant who has completed no higher than the 6th grade is usually considered to have a marginal education;

2. have worked 35 years or more of performing only arduous unskilled physical labor positions. This could include some farm workers, mine workers, and others whose job duties were solely of a physical nature; and

3. be unable to perform their previous job duties due to a severe physical or mental impairment (or a combination of impairments). Just as for all Social Security disability claims, the impairment or impairments must be expected to last at least one year (or result in death).

The worn-out worker rule comes into play for workers who have 35 years of arduous work experience but may be limited to light or medium work and due to their age do not qualify under a grid rule (especially if they are under 55). A worker who would be disqualified because they could do light duty work won’t be disqualified through the worn-out worker rule. The worn-out worker rule looks at the work the applicant previously did – NOT what he/she might be able to do.

If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases.