The Exertionally Based Grid Rules Met
SSR 83-11 (PPS 102)
In the late 1970’s the Social Security Administration enacted the Medical-Vocational Guidelines for disability cases, or Grid rules as they are commonly known.
Before federal administrative rules are enacted, they are first published in the Federal Register, and public input is taken. Final rules are also published in the Federal Register, which is like the newspaper for the federal government.
The Grids are tables that take into account a disability claimant’s maximum sustained work capacity, age, education and work experience.
The Grids are found in Tables 1, 2, and 3 in Appendix 2, Subpart P of the social security regulations in the Code of Federal Regulations (C.F.R.).
A claimant’s maximum sustained work capacity is also known as her “Residual Functional Capacity”, or RFC. RFC is an administrative term of art and is determined by adjudicators at the different levels of disability adjudication and review.
The three tables correspond to an RFC that would allow a person to do essentially a full range of occupations in any one of the unskilled sedentary, light and medium work categories.
Sedentary work is defined in the regulations as work that is performed primarily in the seated position. It involves lifting a maximum of 10 lbs. at a time and frequent lifting and carrying of small objects such as docket files, ledgers and small tools.
Light work is defined in the regulations as work that requires one to be on her feet most of the day, by standing and walking. It involves lifting a maximum of 20 lbs. at a time and frequent lifting and carrying of objects weighing up to 10 lbs. Some light work is also primarily seated work that involves pushing or pulling of foot or leg controls.
Medium work is defined in the regulations as work that requires lifting a maximum of 50 lbs. at a time and frequent lifting and carrying of objects weighing up to 25 lbs. As with light work, medium work typically involves frequent standing and walking.
If a person is capable of doing a full range of work in a particular level of exertion, with limited exceptions they are also deemed capable of doing a full range of work at any less physically demanding level(s). For example, a person found capable of doing a full range of medium work would also be capable of doing light and sedentary work. A person found capable of doing a full range of light work would also be capable of doing sedentary work.
A person’s age is typically not a difficult determination. It is readily verifiable through means such as a birth certificate. The ages of 45, 50, 55, and 60 are critical ages for purposes of the Grid rules. Special rules may apply at each of these age levels, as it becomes increasingly difficult to adjust to other work the older one gets. The age of 45 is critical for those who cannot communicate in English.
A person’s education level helps an adjudicator to determine whether or not the person would readily qualify for direct entry into skilled work.
Prior work experience is defined as the work a claimant has done for profit in the past 15 years. Work experience at its highest level of complexity is defined in the regulations as skilled, semi-skilled, or unskilled.
Sometimes a claimant may be unable to do any of their prior work but still retain skills that may be transferable to other occupations within their exertional capacity. In such cases, transfer ability of skills may be material to a determination of disability. If the person is found to have transferable skills, the adjudicator must make findings of what as to what those skills are, examples of specific skilled or semi-skilled occupations the person could do given her RFC, and the incidence of such occupations in the region in which the person resides or in several regions throughout the county.
The Grid rules come into play at step five of the five-step sequential process for determining disability. For more on the five-step process see my post from August 26th, 2014.
The Grid rules direct a decision of “disabled” or “not disabled” only if a person’s profile fits exactly within one of the Grid rules.
Otherwise, the Grids do not direct a decision of “disabled” or “not disabled”, but are used as a framework for decision making.
An adjudicator must make findings of fact on each of the factors set forth in the Grid rules; i.e., RFC, age, education and prior work experience.
Then the adjudicator must use the Grids to determine if they direct a particular decision. If not, the adjudicator then uses the Grids as a framework to assist in making an appropriate decision.
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.