Wednesday, August 22, 2018

GRIDS AND LISTINGS

Social Security publishes two important standardized sets of criteria that may direct a finding of disability automatically. 

THE LISTINGS are found at 20 CFR 404, Subpart P, Appendix 1.  The Listed impairments are organized by body systems (musculoskeletal, neurological, digestive, cardiovascular, etc.). To meet or equal a listing, the claimant must meet the detailed and specific medical criteria set forth for each impairment.  I talk to a lot of claimants who read these listings and say, "I meet all of these, so I will qualify for benefits."  It's not that simple.  there must be objective MEDICAL EVIDENCE proving that you meet the criteria.  Very few claimants have an impairment severe enough to meet a Listing.  Listings are considered at Step 3 of the consideration process.  Even if you don't meet a Listing, you may still be approved at Step 4 or Step 5.  So, the Listings are relevant only to the most severely impaired claimants, not the average claimant.

GRID RULES are found at 20 CFR 404, Subpart P, Appendix 2.  The grids combine the following factors to determine if a ruling of "disabled" can be made automatically based on:
  • Residual Functional Capacity
  • Age
  • Education
  • Past relevant work experience
The grids will apply only to persons age 50 or over who also have exertional impairments.  They do not apply to individuals who only have mental impairments, such as depression, anxiety or PTSD, for example.

So, can you be approved without meeting a Listing or grid rule?  If you can.  But there will be no published Social Security guideline telling the judge to approve you.  The decision will rely more on the judge's discretion and evaluation of the rules that apply to your individual case.

If you are under age 50 and do not meet a Listing, you must prove that you are unable to perform any job which exists in the national economy.  To use some examples:  If you are able to perform the work of small parts inspector, assembler, document collator, parking garage attendant or theatre usher--you will be denied.  If you are found unable to perform any full-time work, you will be approved.

So failure to meet a Listing or grid rule just makes the case more complicated; it doesn't mean that you can't be approved. 

Here's a word of caution.  Don't get on the internet (google) and read the Listings, realize that your symptoms aren't severe enough to meet a Listing, and assume you won't be approved.  The Listings approve only the most severe cases (perhaps 1 percent of all disability claims).  Grids will approve perhaps 30 percent.  The other 69 percent will be approved the hard way--by proving that the claimant cannot sustain a full day of work on a regular and continuing basis, achieved through an analysis of medical records.

All of this may be a bit complicated for the average claimant, and you don't really have to understand Listings and grids if you use an attorney or representative who does.  If you call me I will be glad to do an evaluation of your situation and see what kind of case you have (Listing, grid, or "other").  Of course, there is no cost for anything we do unless we agree to represent you, win your case and collect back pay from Social Security.  So, questions are free.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street"
CALL ME:  (256) 799-0297

E-Mail us:   forsythefirm@gmail.com

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