George Piemonte

When developing your theory of the case (you should always have a theory of why your claimant is disabled), one of the first things to look at is whether your claimant can grid out.

The only six good grid rules are:

>=45 yo, sedentary, illiterate, unskilled

>=50 yo, sedentary, no transferable skills

>=50 yo, light, illiterate, unskilled

>=55 yo, light, no transferable skills

>=55 yo, medium, limited education, no work

>=60 yo, medium, marginal education, unskilled

Who is illiterate? “Illiteracy means the inability to read or write. We consider someone illiterate if the person cannot read or write a simple message such as instructions or inventory lists …” 20 C.F.R. § 404.1564(b)(1) (emphasis added). Note that the use of “or” and the inability to do one or the other will render a person illiterate. It does not have to be both.

SSR 20-1p says that someone with at least a 4th grade education will not be considered illiterate. But the claimant can provide evidence that they are, in fact, illiterate even if they have a 4th grade education. So, if your claimant has at least a 4th grade education but is illiterate, it is your job to obtain and submit evidence to prove they are, in fact, illiterate.

What are the education levels? Per 20 C.F.R. § 404.1564, marginal education is 6th grade or less, and limited education is 7th – 11th grade education. But keep in mind that per SSR 83-11 testing supersedes years of education. So if, for example, your claimant went through the 8th grade but is actually only at a 5th grade level, you will need to submit testing to prove that they are at that level. And be prepared to have to educate the ALJ about SSR 83-11.

As for skills and whether they are transferable, see my June 2023 Forum article about this topic.

Keeping these grids in mind as you prepare your case will allow you to prepare the case properly and show the ALJ that your claimant grids out and is disabled.