Thursday, June 7, 2018

USING THE GRID RULES TO WIN DISABILITY

Grid rules, also called Medical-Vocational Guidelines, come into play for many individuals who are age 50 and over, and who have primarily exertional limitations (as opposed to mental limitations).

To understand how grid rules work, you need to understand the last two steps of the Social Security decision making process.

STEP 4:  Can this claimant perform any of his or her past relevant work?  Generally, this is any work performed within the past 15 years prior to filing for disability.  If the answer is Yes, grid rules will not help.

STEP 5:  If this claimant cannot perform any of his/her past relevant work, is there any other work in the national economy that he/she could perform?  Obviously, this opens it up to a much wider field of work and gives the decision maker more opportunity to deny the claim.

Take the example of a 45 year-old man who has held the following past relevant jobs:  brick layer, carpenter's helper, and lumber yard laborer.  All of these past jobs involve heavy exertion.  A Social Security judge finds that this claimant, who has spinal problems, cannot perform any of these past jobs.  But he isn't approved, yet.

At Step 5, the judge finds that this 45-year-old claimant could perform other work, such as laundry folder, inspector, or small parts assembler--all much easier jobs than his past work--with less lifting, less walking, less bending, etc.  The 45-year-old will be denied because he can perform "other work" as it exists in the national economy.

Let's pretend this same claimant is 56 years-old, not 45.  Under the same circumstances, he can be approved under the grid rules--because of his age.
Because he is over 50, he is not expected to adapt to new, easier work, such as being a laundry folder or inspector.  If he cannot perform his past relevant work, he is disabled.

The grid rules are a wonderful tool if used properly. 
______________________
THE FORSYTHE FIRM
Social Security Disability Counselors
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806

PHONE (256) 799-0297


* Free Consultations with no obligation

* No upfront costs if we represent you

* Never a fee until you win and get back-pay

*We serve Alabama and Tennessee

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