George Piemonte, NOSSCR 11th Circuit Board Representative & Jonathan Heeps, NOSSCR Sustaining Member

Gridding Out: A Smart Starting Point for Your Disability Case

When you’re building a disability case, one of the first things you should ask yourself is: Can my claimant grid out? Having a clear theory of the case is essential—and if the grids work in your favor, they can be a powerful shortcut to a favorable decision.

Let’s break it down.

The Six “Good” Grid Rules

There are only six grid rules that can directly lead to a finding of disability. Here they are:

• Age 45+, sedentary work, illiterate, unskilled
• Age 50+, sedentary, no transferable skills
• Age 50+, light work, illiterate, unskilled
• Age 55+, light work, no transferable skills
• Age 55+, medium work, limited education, no past work
• Age 60+, medium work, marginal education, unskilled

If your claimant fits into one of these categories, you’re in a strong position. But you’ll need to prove it.

Understanding Illiteracy

Here’s a key point that often gets overlooked: illiteracy means the inability to read or write—not both. According to 20 C.F.R. § 404.1564(b)(1), if your claimant can’t do either one, they qualify as illiterate. That little word “or” can make a big difference.

SSR 20-1p says that someone with at least a 4th-grade education is presumed not to be illiterate. But that’s not the end of the story. If your claimant has a 4th-grade education but truly can’t read or write, it’s your job to gather and submit evidence to prove it.

Education Levels: It’s Not Just About Grades

Per 20 C.F.R. § 404.1564:

• Marginal education = 6th grade or less
• Limited education = 7th to 11th grade

But here’s the twist: SSR 83-11 makes clear that educational testing can override the number of years completed in school. So, if your claimant made it to 8th grade but functions at a 5th-grade level, you’ll need testing to support that. And don’t be surprised if you have to walk the ALJ through SSR 83-11—many aren’t familiar with it.

What About Skills?

Transferable skills are a whole topic on their own. Preparation and cross-examination of the VW, our favorite topic, are crucial. Anticipate the classification of your client’s past work and look up the Materials, Products, Subject Matter, and Services (MPSMS) and Work Field (WF) codes in advance. During the hearing, make sure you ask the vocational witness what the MPSMS and WF codes are for all jobs the VW says your client’s skills can transfer to. If you need a refresher, check out George’s earlier posts on that topic. But in short: if your claimant doesn’t have transferable skills, that can be a key factor in gridding out.

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Bottom line: Keeping these grid rules in mind from the start helps you shape your case strategy and gives you a clear path to show the ALJ that your claimant qualifies as disabled.

Want help drafting a grid-based theory for a specific case? We’d be happy to help—just let us know! George: gpiemonte@mjpdisability.com, Jonathan: jheeps@mjpdisability.com.

The views and opinions expressed in this article are the author’s own and do not necessarily reflect the views of NOSSCR, its leadership, or staff.