Wednesday, January 23, 2013

OLDER WORKERS AND DISABILITY

The Grid Rules favor older workers in Social Security disability cases.  Grid Rules are the Medical-Vocational rules found in Appendix 2 of the "disability manual."  They combine a worker's age, education, exertional level and previous work experience to direct a finding of "disabled" or "not disabled."  As an individual ages, he or she is less adaptable to new unskilled work.  The Grid Rules are, therefore, more likely to find an older person disabled.

Let's take the illustration of an individual who is in the advanced age category (age 55 or over), has limited education (7th grade or below), has no past relevant work experience or only unskilled work experience, and is limited to sedentary level work.  Grid Rule 201.01 directs a finding of "disabled."

Let's take the same individual who is a "younger individual" (under age 44), with the same criteria used above.  He has a limited education (but communicates in English and is literate),  has no past relevant work experience or has done only unskilled work, and is limited to sedentary work.  Grid Rule 201.24 directs a finding of "not disabled."  The only difference in the two illustrations is age.

Keep in mind, however, that the Grid Rules do not cover non-exertional limitations such as psychological impairments.  Also, a combination of impairments may exist so that a person can be found disabled without meeting a Grid Rule.  An example would be a person who cannot even perform sedentary level work because of severe physical and/or emotional impairments.  If he/she is below sedentary work level, the Grids do not apply because there is no work he/she can do.   

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