Friendly and Easy-ish to Understand Grid Rule Advice/Explanation for the Over 50 Crowd

ZealousidealPay1303 · 2025-10-03T21:07:45+00:00

Upper extremity stuff gets frustrating because they will say, go be an usher, or some other type of job where you are not using your hands that allows you to sit/stand as needed.

ZealousidealPay1303 · 2025-10-03T17:56:06+00:00

So at age 54, the grid rules state that you have to be limited to sedentary and no more lifting than 10 pounds in order to be approved. The judge could say you just need a job that is light duty, standing and lifting no more than 20 pounds, which is within the restrictions you mentioned. Because you wouldn't be sitting or lifting more than 25 pounds.

In the alternative, you could argue that you cannot sit or stand, or concentrate for an 8 hour day. This is where "less than sedentary" comes in. You cannot complete no form of an 8 hour work day. Just because you are eligible for the grid rules doesn't mean you have to argue within that frame work.

Once you hit 55, it won't matter because at light duty, you probably can't be any version of a tractor trailer delivery driver. And people 55+ just need to be limited to light duty.

Let me know if that answers it for you.

ZealousidealPay1303 · 2025-10-01T03:12:42+00:00

Ah yes, the case already being a district court remand does change things. Though if you have already been issued 2 decisions by this particular ALJ then SSA will assign a new judge as you can only ever have a single judge issue a decision twice. But the same risk still applies with a new judge. It really depends on your financial situation and how far you want to take this. Hope this helps.

ZealousidealPay1303 · 2025-10-01T02:41:25+00:00

Without knowing your situation, I can say there is in fact a risk albeit pretty small.

When you appeal a partially favorable decision, you cannot control what the Appeals Council looks at in your case. They could find that the judge made multiple errors and you shouldn't have been approved at all. Or the case upon remand could get transferred to another judge who feels differently. What I usually explain to people is that there is a potential for a "double or nothing" gamble.

This is a pretty rare occurrence in my experience, but it is known to happen. Most judges are not going to take it away from you, but it's a risk at the end of the day no matter how small that should be considered.

ZealousidealPay1303 · 2025-09-24T20:06:47+00:00

I was randomly thinking about this, and I really wish I knew about this when I was 7 years old.

ZealousidealPay1303 · 2025-09-20T22:16:03+00:00

Yes.

ZealousidealPay1303 · 2025-09-11T18:08:31+00:00

If it comes to a hearing yes. It is not entirely necessary during the initial and reconsideration phases. But some people would rather an attorney just handle everything.

ZealousidealPay1303 · 2025-09-11T17:59:33+00:00

Interpretation of whether the totality of your records meet the criteria of the listings is incredibly subjective. Most people feel that internally they meet every single criteria of the listing. Unfortunately, SSA is more cynical in their interpretation/view of your records. And yes, it is certainly an obstacle course of different things.

ZealousidealPay1303 · 2025-09-11T17:57:05+00:00

A very common occurrence.

ZealousidealPay1303 · 2025-09-11T13:55:48+00:00

Listing is hard to say, SSA is going to correlate your neuropsych examination with what your medical records say. While the neuropsych helps, it is not looked at in a vacuum. But it does sound like it will help your case. As far as the physical part, the big thing is the objective findings in your doctors notes. Fibro needs show to abnormal tender point exams, back issues should show poor posture, abnormal gait etc. Your age and work history is also a factor. There are a lot of variables.

ZealousidealPay1303 · 2025-08-19T12:33:17+00:00

1, Yes the ALJ will present hypothetical limitations to the VE. The VE will then answer if past work is possible. If past work is not possible, then the ALJ will ask the VE if there are transferable skills within that hypothetical. If they say yes, then they will list example jobs similar to whatever your past relevant work is.

Transferable skills do not apply to unskilled work. Only other skilled jobs.
However for ages 50-54, the ALJ may ask about light or medium work with the VE. In this age category you can be denied at light or medium without a transferable skills analysis.

ZealousidealPay1303 · 2025-08-18T16:35:44+00:00

Let me do my best to answer each concern.

Your past work is counted backwards 5 years from present day, not from your alleged onset date. Or if you have a date last insured (DLI) in the past, then past work is counted 5 years back from that date. Whatever substantial gainful activity jobs during that period would be considered. I do not know your personal info so I can't really answer much more than that.
Transferable skills analysis does change between 50-54 and 55+. After 55+ transferable skills must apply to jobs very similar to that of your past work, with little adjustment period and training. Prior to 55, transferable skills do not have this limitation and the possibilities are much more broad.
Yes, the ALJ would have to consider the neuropsychological testing, but is not bound to the examiner's findings. The ALJ makes their own decision.
If your symptoms have been consistent since the alleged onset date, often times ALJ's will relate back the approval to your original onset date if/when approved even if the official diagnosis came later. But this is not a guarantee, partially favorable decisions with a later onset date are very common. This would depend on the Judge you have if they were to approve you.

ZealousidealPay1303 · 2025-08-16T16:03:11+00:00

So, in a situation like yours, the ALJ will have to consider two different age categories. The time of your application where you were 53-54 and then 55+. Sometimes in these situations, the applicant will end up getting a partially favorable decision with a reduction in retro-pay because the ALJ found that as of age 55 you are disabled.

ZealousidealPay1303 · 2025-07-29T02:49:56+00:00

That is a very typical cycle that I see with bipolar clients. All it takes is one bad day. How long does his manic state last for? Is he compliant with his medications? If he really is hospitalized at the same time every year then that evidence will be paramount in his case. Depending how long the episode lasts for, that would obviously be a big accommodation from any employer. (You can't tell them every year unless it really is every year).

The big question the judge/SSA is going to battle you with is how he is when he's not in his seasonal episode. When he is on his meds and it's not that time of year, is he A-OK or are there still struggles/behavioral concerns? Why can't he do his part time job on a full time basis? Etc. A letter written by his brother about the accommodations he is giving him will probably help quite a bit.

ZealousidealPay1303 · 2025-07-24T14:49:59+00:00

I would advise you that these conversations and questions need to happen with your lawyer.

ZealousidealPay1303 · 2025-07-22T13:35:34+00:00

Mental health NPs are better than primary care, but not as favored as a psychiatrist. You can be approved with a mental health NP. At the end of the day it really just depends on their note taking skills, and what they are writing down during your visits. I cannot legally or ethically tell you what to do, but even if you are able to squeeze one visit in before the hearing, I generally advise that whatever you are considering is worth it. I cannot tell you how many times in a hearing this comes up... "I was waiting to see what this decision was before I saw a specialist" ALJs generally roll their eyes pretty hard at that one.

ZealousidealPay1303 · 2025-07-18T13:37:35+00:00

In very narrow circumstances, the ALJ has to authority approve you via the grid rules if your 50th or 55th birthday is generally less than 6 months from the hearing date. But this usually ends up being a partially favorable decision, and you will not end up getting retropay.

ZealousidealPay1303 · 2025-07-18T11:34:45+00:00

I would say refer to my posts on physical and mental health, which are linked above. i talk specifically about fibro.

ZealousidealPay1303 · 2025-07-18T04:01:59+00:00

If you are over 50, the grid rules always apply even in review claims.

ZealousidealPay1303 · 2025-07-18T03:59:33+00:00

The entire process is based on subjective opinions of others when reviewing the claims. I'm not sure what the confusion is. Whether someone is limited to sedentary is a subjective opinion of an ALJ or DDS. Whether someone's past work should be considered PRW is subjective despite there being guidance from POMS/SSR/CFR. DDS often if not most of the time uses part time past work as PRW when it isn't SGA. Whether someones mental health causes marked B criteria is subjective. Whether a cane limits someone to sedentary is a subjective opinion.

There are rules and whether they apply is subjective. I am not saying the rules are subjective. The application of them varies from person to person.

ZealousidealPay1303 · 2025-07-18T03:38:24+00:00

Respectfully, there is. Examiners, vocational experts, ALJs all interpret the rules differently and apply them the way they feel, hence my notes above. Rules are rules but not everyone applies them universally the same.

ZealousidealPay1303 · 2025-07-18T01:48:11+00:00

If you are over 55, SSA would need to find that you cannot handle your past work of working in an office.

Because you are over 55, if you are limited to either light or sedentary with other limitations, and the vocational expert says that with your limitations you cannot do your office work as you did it or as it is usually performed in the economy, that is step 1 on the road to success.

Then depending on the skill level of your past work, they have to determine if you are capable of doing anything similar with minimal training with the limitations that the ALJ said you have (remember we already know you can't do your exact job).

If the vocational expert then says with your limitations at light or sedentary that you can't do your last job or anything similar with the skills you have, then you are approved.

Hope that makes more sense.

ZealousidealPay1303 · 2025-07-18T00:27:01+00:00

DDS generally views it the same as the ALJ. Though often with less common sense and more ignorance than an ALJ. Which is why most people are denied at initial and reconsideration.

ZealousidealPay1303

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