The grid rule argument, however, is a little less understood and used less frequently by judges. I have even appeared before judges who issued findings that my client met all the elements of a particular grid rule while denying the claim under a functional capacity analysis – I was able to successfully appeal that decision.
Basically, the grid rules reflect an understanding by Social Security that if you are over the age of 50, with a limited education and minimal work skills, you are “disabled” even if you have the capacity to perform entry level work. The reason? As a practical matter, there are very few job unskilled job openings for older, less educated workers.
It is important to note that the grid rules only apply if you have physical limitations that affect your exertional (physical) capacity. You cannot use a grid rules argument for depression or anxiety.
This set of rules is called the grid rules because they are set in a grid shaped table that contains rows and columns for a claimant’s age, education, and past work. The formal name for the grid rules is the medical-vocational guidelines. If you want to look at the grid rules, please visit my GridRules.net web site where I have broken down the grid rules based on a claimant’s exertional capacity, i.e., sedentary, light, medium and heavy.
I have also posted several grid rules case studies on this site so you can see how the grid rules work in hearings I have tried.
If you are over the age of 50 and you have a high school education or less, it is always worthwhile to consider a grid rules argument. This is part of my case evaluation checklist and you should consider it as well.