As previously discussed, the
five step process establishes two "routes" for a finding of
disability. For example, one way to be found disabled by the SSA is if one has a
purely medical disability that meets a medical disability in the
Listing of Impairments. If that is the case, then that person is automatically disabled. The
other step involves determining whether there is a combination of medical
and vocational factors that qualifies within the
However, there are some exceptions. One exception involves a person who
(1) has a severe, medically determinable impairment; (2) is age 55 or
older; (3) has an 11th grade education or less; and (4) has no past relevant
work experience. 20 C.F.R. Section 404.1562(b).
Another exception that is not commonly known is the "
worn-out worker" rule. This is a claimant who has no more than a marginal education
(as described in section 404.1564), work experience of 35 years or more
doing "arduous unskilled physical labor," and is no longer working
and not able to work because of a severe impairment. 20 C.F.R. section
404.1520(g)(2) and 404.1562(a). [Note: in many situations this rule is
not used because the same result will be met by using the Medical-Vocational
Guidelines. However, it is important rule because this type of worker
will be found disabled at the medium exertion level.] Also, Ruling 82-63
states that this is a pre-grid rule.
Finally, according to
POMS DI 25010.001 B.3, a disability exception has been made for persons who (1) are not working
at SGA level, (2) have a lifetime commitment (30 years or more) to a field
of work that is unskilled (or is skilled with no transferable skills),
closing approaching retirement age, and have no more than a limited education.
Contact a Dallas Social Security Disability lawyer today.