Typically, we think of disabled individuals as those who are unable to work due to medical conditions. This is also how the Social Security Administration’s regulations define disability at the basic, fundamental, level. CFR §404.1505. Social Security has a series of established guidelines that are commonly referred to as the “grid rules.” These rules allow select individuals to obtain disability benefits without having to prove that they are unable to engage in full-time work activity. These grid rules take into consideration a person’s age, work history, and educational background. Generally speaking, these guidelines favor individuals who are approaching retirement age, and whose work history consists of more strenuous labor. See, Appendix 2 to Subpart P of Part 404—Medical-Vocational Guidelines.
One grid rule applies to individuals who are past the age of 55 with a limited education and no work history in the last 15 years. These individuals may be found disabled by a straightforward finding that they have a severe medical impairment. CFR §404.1562.
By way of an example, consider John Doe. This gentleman is 58 years of age with a 10th grade education, and has not been able to work more than a negligible amount of odd jobs in the last fifteen years because of his knee arthritis and asthma. Under these conditions, if Social Security determines that at least one of these two conditions is severe, that is, significantly limits Mr. Doe’s capacity to work, he is to be found disabled. In other words, Mr. Doe does not need to prove that he cannot work any job, or even most jobs. Under these circumstances a finding that his knee arthritis and/or asthma significantly limits Mr. Doe’s working capacity is enough.
If you have any questions as to how these grid rules may apply to your case, please contact us.
