Applying for Disability at Age 60 or Older: Using Social Security's Medical-Vocational Grids

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.

How Social Security's Grid Rules Work

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:

• sedentary (able to lift 10 pounds and stand and walk for two hours total)
• light (able to lift 20 pounds and stand and walk for six hours total)
• medium (able to lift 50 pounds and stand and walk for six hours total), and
• heavy (able to lift 100 pounds and stand and walk for six hours total).

For more information on how the SSA determines your exertional level, see our article on RFCs.

Grid Rules for Applicants Who Are Over 60

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.

Using the Grids for Ages 60-65

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

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RFC for LIGHT WORK

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RFC for MEDIUM WORK

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.

Examples of Using the Grid for Ages 60-65

Here are examples of where applicants aged 60 to 65 were approved based on the grids.

• In one case, a 61-year-old man applied for disability based on arthritis in his knees and a hip replacement. He had a high school education but had worked only as an unskilled laborer. The SSA determined that the applicant had the RFC to perform only sedentary work due to his physical limitations. Therefore, the grid rules directed a finding of disabled, and the applicant was approved.
• In another case, a 62-year-old man applied for disability because of chronic asthmatic bronchitis and heart disease. He had a 6th grade education and hadn't worked in the last five years. The SSA found that, despite his bronchitis, he still had the RFC to do medium work. For a 62-year-old applicant who hadn't worked in the last five years, the grid rules directed a finding of disabled, even though the applicant could do medium work.

Here are some examples of where applicants aged 60-65 were found not disabled by the grids.

• A 63-year-old woman filed for disability due to diabetic neuropathy and obesity. She had a high school education. Her past work was as a head housekeeper in a hotel. The SSA determined she had the RFC to perform sedentary work. The SSA also determined that the applicant had transferable job skills, including the ability to manage and schedule employees and interact with customers. Given these factors, the grids showed that the applicant was not disabled.
• In another case, a 64-year-old woman filed for disability based on high blood pressure and COPD. The applicant had a high school education but she had no work history. However, the applicant had recently completed training to become a phlebotomist. The SSA determined that the applicant had the RFC to perform sedentary work and, under the grid rules, was determined to be not disabled.

What If the Grid Rules Say You're Not Disabled?

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:

• tremors that prevent fine manipulations with your hands
• postural problems like the inability to bend or reach overhead
• hearing problems that prevent you from communicating effectively, and
• difficulty with memory and cognitive problems.

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.

When to Hire a Disability Attorney

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.