When you apply for disability after age 60 but before full retirement age, Social Security applies special age-specific rules when it evaluates your disability (if you don't meet the requirements of a medical listing for automatic disability). Social Security's grid rules can help applicants who are older than 60 to get benefits.
But Social Security's disability rules don't change after age 62, contrary to popular belief. If you're older than 62, you have the option of collecting your Social Security retirement benefits early or applying for disability benefits, assuming you have an impairment that keeps you from working. But the disability rules are the same for applicants who are age 60, 62, or older.
Here's when your age matters. If the Social Security Administration (SSA) decides your condition doesn't meet a disability listing and you can't do your past job, the SSA will refer to the "grid rules" to decide if you're disabled. The grids are a series of tables that take into account several factors, like age and work history, before pointing to a finding of "disabled" or "not disabled."
The grid is divided into tables based on exertional levels; that is, what level of work you can do. The SSA will create an RFC (residual functional capacity) for you that states what you can and can't do. The different RFC levels are for work at the following levels:
For more information on how the SSA determines your exertional level, see our article on RFCs.
The grid rules are especially helpful for people aged 60 to 65 in winning their claim, because Social Security realizes that people over 60 may have difficulty transferring to new types of workplaces and learning new skills. The SSA categorizes people who are older than 60 as "closely approaching retirement age." Specific rules grid rules apply to applicants in this age group.
Before reading the next section on using the grids for age 60-65, you may want to read our overview article on using the grids to learn what, besides age and RFC, the grids take into account (such as education and skill set) to make a determination in your case.
Below are the grid rules for people aged 60 and over. To see how the SSA would decide your case based on the grids, first find the table that discusses your exertional level from your RFC. Next, find the row that describes your education level and previous work experience over the last five years (in the first and second columns).
The third column shows the decision the SSA will make based on those two factors.
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RFC for SEDENTARY WORK
Education |
Previous Work Experience |
Decision |
11th grade or less |
Unskilled work or no past relevant work |
Disabled |
11th grade or less |
Skilled or semiskilled work without transferable skills |
Disabled |
11th grade or less |
Skilled or semiskilled work with transferable skills |
Not disabled |
High school graduate (or GED) or higher |
Unskilled work or no past relevant work |
Disabled |
High school graduate (or GED) or higher |
Skilled or semiskilled work without transferable skills |
Disabled |
High school graduate (or GED) or higher |
Skilled or semiskilled work with transferable skills |
Not disabled |
Recent education that provides for direct entry into skilled work (high school graduate or more) |
Unskilled work or no past relevant work |
Not disabled |
Recent education that provides for direct entry into skilled work (high school graduate or more) |
Skilled or semiskilled work with or without transferable skills |
Not disabled |
.
RFC for LIGHT WORK
Education |
Previous Work Experience |
Decision |
11th grade education or lower |
Unskilled work or no past relevant work |
Disabled |
11th grade education or lower |
Skilled or semiskilled work without transferable skills |
Disabled |
11th grade education or lower |
Skilled or semiskilled work with transferable skills |
Not disabled |
High school graduate or higher |
Unskilled work or no past relevant work |
Disabled |
High school graduate or higher |
Skilled or semiskilled work without transferable skills |
Disabled |
High school graduate or higher |
Skilled or semiskilled work with transferable skills |
Not disabled |
Recent education or training for skilled work |
Unskilled work or no past relevant work |
Not disabled |
Recent education or training for skilled work |
Skilled or semiskilled work with or without transferable skills |
Not disabled |
.
RFC for MEDIUM WORK
Education |
Previous Work Experience |
Decision |
6th grade education or less |
Unskilled work or no past relevant work |
Disabled |
7th through 11th grade education |
No past relevant work |
Disabled |
7th through 11th grade education |
Unskilled work |
Not disabled |
7th through 11th grade education |
Skilled or semiskilled work without transferable skills |
Not disabled |
7th through 11th grade education |
Skilled or semiskilled work with transferable skills |
Not disabled |
High school graduate or higher |
Unskilled work or no past relevant work |
Not disabled |
High school graduate or higher |
Skilled or semiskilled work without transferable skills |
Not disabled |
High school graduate or higher |
Skilled or semiskilled work with transferable skills |
Not disabled |
Recent education or training for skilled work |
Skilled or semiskilled work with or without transferable skills |
Not disabled |
If the grids say you're "not disabled," you can still be approved another way. Below we'll discuss how you can win your claim even if the grids say you're not disabled.
Here are examples of where applicants aged 60 to 65 were approved based on the grids.
Here are some examples of where applicants aged 60-65 were found not disabled by the grids.
If your claim would be denied under the grid rules, you can still win your claim by showing the grid rule shouldn't apply in your case. You need to be able to show that your physical or mental limitations actually prevent you from doing the kind of work that Social Security says you can do.
Using non-exertional limitations. If you can show that you have a combination of exertional (strength-related) and non-exertional limitations that prevent you from working, you could still be approved for benefits. Examples of non-exertional limitations include:
If the SSA denied you benefits because you have transferable skills, you could show that your non-exertional limitations prevent you from using those skills (in which case they can't be considered transferable). For more information on how to win a claim using this strategy, see our articles on using non-exertional limitations and proving you don't have transferable skills.
Being unable to do a full range of sedentary work. If you can prove you're unable to do many simple desk jobs because of your functional limitations, you can be approved for benefits. There are certain limitations, such as needing to switch frequently from a sitting to a standing position, that may make you eligible for a "less than sedentary RFC." For more information, see our article on how to win your claim based on a less than sedentary RFC.
Having a long work history of strenuous work. Another way you may be able to win your claim is under what some disability lawyers call the "worn-out worker" rule (20 C.F.R. § § 404.1562, 416.962). To win your claim on the basis of this rule, you must have only a marginal education (6th grade or less) and have worked at least 35 years in arduous (extremely physical), unskilled labor. And your disability must prevent you from doing this kind of job anymore. Under the worn-out worker rule, you can be found disabled even if you could do less physically demanding jobs and have an RFC for light or medium work. For more information, see our article on Social Security's worn-out worker rule.
If you're 60 years or older and have a severe medical condition, you might be able to get disability benefits right after your initial application, without having to appeal. If that's the case, there's no need to share a portion of your back payments with a disability attorney or advocate, because the grid rules can be an extremely helpful way to win your claim.
But if Social Security denies your benefits and you have to appeal, you should consider hiring a lawyer. On appeal, an experienced disability lawyer can help ensure that Social Security will find you disabled under the grid rules—depending on your education and skill set—or outside of the grid rules. Learn more about whether it makes sense to hire a disability representative.
Need a lawyer? Start here.