George Piemonte

Many practitioners as well as ALJs often forget about the two adverse profiles described in 20 C.F.R. § 404.1562 and SSR 82-63. The Regulation states that if the claimant meet these profiles and cannot do their past work they are deemed disabled. The Ruling directs that adjudicators must consider these two profiles before referring to Appendix 2 of Subpart P of Regulations No. 4 to determined whether the claimant can do work that exists in significant numbers. While these types of claimants do not come along often it is critical you identify them as soon as they do because if the claimant meets the profile they are deemed to be disabled.

The first profile is: marginal education (per 20 C.F.R. § 404.1564 is generally a 6th grade education or less), 35 years or arduous unskilled physical labor (SSR 82-63 defines arduous as “primarily physical work requiring a high level of strength or endurance”), not working, and unable to return to past work.

The second profile is: 55 years old, limited education (per 20 C.F.R. § 404.1564 is generally a 7th through 11th grade education), and no past relevant work.

So, if you have a claimant that meets either of these profiles per 20 C.F.R. § 404.1562 and SSR 82-63 they are deemed disabled. Be on the lookout for them and be sure to raise it to the ALJ.

One additional profile to be on the lookout for is the so called “Worn-out Worker.” These criteria are found in POMS DI 25010.001 and are: 60 years old, limited education, 30+ years of unskilled work, and unable to return to past work.

Per this POMS claimants meeting these criteria are to be found disabled.

Keep these three claimant profiles in mind as you are reviewing your cases – you may be able to win your client’s case using one of them.

This is a guest column provided by a NOSSCR member. The views expressed in this column are the views of the author alone, and do not represent the views of NOSSCR, NOSSCR’s leadership, or NOSSCR’s staff.