Grid rules Archives - Ginsberg Law Social Security Disability

I recently received this question from someone who saw my video about the grid rules and asked an interesting question about what evidence he would need to prevail in a grid rule argument claim:

Here is my situation: I am 55, with no skills, and less than a high school education (and no GED). I have only done part time work in the past 15 years, and the last work I did was unskilled work at the medium level. I have several problems:

I have traumatic brain injury, but there is no supporting medical evidence, tests or other proof

I have a hip and back injury

I have chest pains

If the grid rules say I quality for SSI based on my age, education, work history and skill level, will I still have to present medical evidence to prove that I have some or all of my health problems?

Here are my thoughts: the grid rules do require proof of a physical impairment that causes some reduction in your exertional capacity. In other words, to meet one of the grid rules, you will need evidence to prove that your functional capacity has been reduced to sedentary or light work. So you cannot simply walk into a hearing room and ask for disability based on your age, education and status as an unskilled worker. You will have to present some medical evidence (ideally from a treating physician) that explains why your exertional capacity is now light or sedentary. This would involve presenting medical records and test results (such as an MRI report and evaluation or a CT report and evaluation).

When I sit down with a new client, I always spend a little time explaining that Social Security disability is about a claimant’s capacity to perform work activity because of medical problems, and not about the medical problems themselves. I further explain that in my experience there are three disability arguments that we can use in any case:

prove that client meets a listing
prove that client’s functional capacity for work has been so reduced by medical issues that he would not be a reliable worker at a simple, entry level job
prove that client meets a grid rule

Most people can understand arguments #1 and #2. The listings are essentially detailed descriptions of medical problems. When you meet a listing, it basically means that your medical condition is so severe that Social Security assumes that you would have overwhelming work limitations.

The functional capacity argument is equally easy to understand. Even the easiest of jobs requires you to have certain capabilities, such as sitting, standing, lifting, carrying, concentrating, behaving in an emotionally stable manner, staying at the job and not taking excessive breaks, etc. If, for example, you do not have the capacity to sit and stand for a total of 8 hours, or if your medical problem leads to excessive breaks, then you do not have sufficient capacity to function at a job.

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