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If you have spent the majority of your adult life working by the sweat of your back, labor may be the only source of livelihood you have ever known. Years of wear and tear take their toll on manual laborers, leaving so many hard-working individuals unable to fully function and perform their jobs as they age. At Schaffer & Associates LPA, our team of compassionate and knowledgeable attorneys will help you navigate the requirements of the worn-out worker rule to secure the benefits you rightfully deserve. To learn more, consider scheduling your free initial consultation with our Toledo office at (419) 350-8277 or our Findlay office at (419) 359-8091 today.
How Can SSD Help Those Who Are Manual Workers?
Individuals who work in physically demanding jobs, such as manual workers, are at a higher risk of disability compared to desk job workers. Manual labor jobs require workers to be active, performing physical tasks such as heavy lifting, digging, or standing for long periods of time. These tasks can cause serious injuries and leave workers disabled and unable to perform their normal job activities. Social Security Disability provides financial assistance to individuals who are unable to work as the result of a long-term disability.
Are Manual Workers Entitled to Any Special Benefits?
Physical labor jobs are demanding, and the Social Security Administration recognizes the toll that these jobs take on a worker. As a result, manual workers may be entitled to a special consideration that makes it easier to obtain benefits that would otherwise be denied.
What Is the Worn-Out Worker Rule?
If you have worked a physically demanding job for decades and can no longer work due to a disabling injury or illness that is expected to last for more than a year or result in death, then you may qualify for SSD under the worn-out worker rule. This rule provides an important opportunity for workers who have made a career out of performing manual labor jobs. While many disabled individuals are able to adjust to a new type of work, certain laborers may not be able to adapt to a new form of employment.
What Are the Qualifications Needed to Be Met Under the Worn-Out Worker Rule?
To prove they have the qualifications needed to obtain benefits under the worn-out worker rule, workers must meet a range of strict requirements. To qualify for benefits, you must provide sufficient evidence that you have:
- A marginal educational background—The Social Security Administration divides education level into four categories. If the applicant’s education ended in 6th grade or below, they likely qualify for this exception. In the event that the disabled worker attended school beyond the 6th grade, the SSA may also consider their communication level, reasoning, and arithmetic skills to determine eligibility.
- Worked in manual labor for a specific amount of time—The SSA requires that workers have spent at least 35 years working arduous and unskilled physical labor.
- A disability that makes you unable to perform your former job duties—The applicant must suffer from a severe mental or physical impairment, or combination of impairments, that prevents them from continuing their previous job.
What Is Arduous and Unskilled Physical Labor?
In C.F.R. § 404.1568, unskilled work is defined as work that involves simple duties that require little or no judgment and can be learned on the job in a short period of time. For instance, if the job requires handling, feeding, machine tending, or offboarding, and a person can learn to do the job within a span of 30 days, the job will fall under the definition of unskilled labor.
The standard of arduous labor is set forth in SSR 82-63, which states that arduous work is physical work that necessitates a great level of strength or endurance. While this work usually involves physical demands that are considered heavy, work with lighter objects may be considered arduous if it requires a high level of stamina or involves continuous, fast bending or lifting.
What Evidence Is Required Under the Worn-Out Worker Rule?
The worn-out worker rule is not always properly applied, mainly because so few workers qualify under the rule. As a result, some claims examiners are not familiar with the criteria of the rule and may misunderstand your level of education or the skill level required by your past work.
For this reason, providing the right evidence is critical. It is important to include all relevant information about your work history, including the nature of your previous jobs. Extensive medical documentation outlining how your condition(s) prevents you from performing job duties is necessary. Objective records or treatment notes can be helpful to support your case.
All evidence used to prove your eligibility should come from acceptable sources. Medical evidence must be timely, accurate, and sufficient for proving the extent of your disability. At Schaffer & Associates, LPA we work closely with manual laborers to identify, gather, and submit all relevant evidence and improve their chances of a favorable outcome.
How Can Schaffer & Associates, LPA Determine If You May Be Eligible for SSDI Under the Worn-Out Worker Rule?
For so many individuals and families, the worn-out worker rule represents a key opportunity to secure financial support. If you are a manual laborer, or if you are the loved one of a person who dedicated their career to physically demanding jobs, SSDi benefits may be available to you. At Schaffer & Associates LPA, we will review your claim, identify all documentation necessary to support your case, and advocate for your rights during every step of the process. To discuss your next steps with our team of experienced attorneys, consider scheduling your free initial consultation with our Toledo office at (419) 350-8277 or our Findlay office at (419) 359-8091 today.
