The first tool the Social Security Administration (SSA) utilizes to evaluate Social Security disability claims is a five-step sequential process. If a claimant fails to meet the requirements of this process, they may still qualify for Social Security disability benefits if they satisfy at least of the three exceptions to this rule. Because meeting any of these exceptions is difficult, it is in your best interest to enlist the help of an Oklahoma City disability lawyer to prepare your file.
Below is a brief description of each of the three exceptions.
Worn-Our Worker Exception
To meet the requirements of the “worn-out worker” exception, the claimant must have a marginal education, work experience of at least 35 years doing “arduous unskilled physical labor,” and must be unemployed as a result of a severe physical or mental condition.
The SSA does not use this exception often because the claimant can meet similar requirements under the Medical Vocational Guidelines. However, it is an important rule because this type of worker will be found disabled at the medium exertion level. Your Oklahoma City disability lawyer will review your file to see if you can qualify under this exception.
Severe Limitations With No Work Experience or Education Exception
To meet the requirements of this exception, the claimant must have a serious medical impairment, be at least 55 years of age, have an 11th grade education or less, and have no past relevant work experience.
Lifetime Work Commitment Exception
To meet the requirements of this final exception, the claimant must not be gainfully employed and must have a lifetime commitment of at least 30 years as an unskilled worker who is closely approaching retirement age with a limited education.
Let Us Help Determine if You Satisfy Any Of These Exceptions
If you cannot qualify for disability benefits under the five-step sequential evaluation process, the game is not over. Oklahoma City disability lawyer will review your file to determine under which one of these exceptions you can successfully qualify for Social Security disability benefits. To schedule a complimentary consultation, please call us today.