Social Security over 50 Grid rules can help you win your disability case.
Social Security Disability Over 50 Grid Rules
Generally, Social Security defines disability as having the inability to work. They look at your ability to go back to your past work. They also look at your ability to do other types of work. However, Social Security recognizes that it may be harder for older individuals to do new work. Therefore, there are more favorable rules for older people. These rules are the “grid rules.”
The grid rules consider different factors. These factors include:
Your age
Education
Work background
Residual functional capacity (RFC) – what you can do despite your medical conditions
The Grid Rules and Your Past Work
Social Security will look at the grid rules once they have figured out your RFC. In order to apply the grid rules, Social Security must categorize your past work. The grid rules will only apply if Social Security finds that you can’t return to your past work. Social Security only considers past relevant work. Past relevant work is work done in the past 15 years. It should also have resulted in significant earnings. Temporary or part-time jobs might not count as past relevant work.
Social Security has different physical categories of work. These include:
Sedentary – mostly sitting jobs that don’t require lifting more than 10 pounds
Light – usually require more standing and don’t require lifting more than 20 pounds
Medium – requires lifting between 25-50 pounds
Heavy – requires lifting more than 50 pounds
The Grid Rules Past Skilled Work
Social Security will also look at the type of skills required to do your past work. Sometimes, there are skills from your past work that can be used to do different types of jobs. These are transferable skills. It is harder to apply a favorable grid rule when there are transferable skills. However, transferable skills won’t apply if you can only do simple, routine tasks. Generally, Social Security makes this finding when there is evidence of mental health impairment.
Applying the Over 50 Grid Rules
Case study 1: Social Security over 50 Grid rules
In one case, a 54 year old man applied for disability benefits after he had his knee replaced. Unfortunately, he continued to have pain and swelling in his knee. This made it impossible for him to go back to work. He previously worked as a security guard. Social Security determined that he had the ability to perform sedentary work. Social Security found that there were no transferable skills. Therefore, the grid rules directed a finding of disabled.
Case study 2: Social Security over 50 Grid rules
In another case, a 51 year old woman applied for disability based on coronary artery disease, depression and anxiety. She previously worked as an office manager and cashier. She suffered from frequent chest pain and leg swelling, also had trouble concentrating. Social Security determined that she could perform sedentary work. Her job as an office manager was categorized as sedentary. Yet, Social Security also found she could only do simple and routine tasks. Since her job required more complex tasks, she was not able to return to her past work. Therefore, the grid rules allowed Social Security to approve her case.
Hire a disability expert who knows the Social Security over 50 Grid Rules
Unfortunately, the grid rules don’t always work out in your favor. This is especially true if you are applying for disability benefits for non-physical conditions. Most commonly, these conditions include problems such as anxiety, depression or bipolar disorder alone.
For example, a 53 year old man applied for disability benefits when he could no longer work due to depression and post-traumatic stress disorder. He previously worked in a poultry factory. Social Security found that he could only perform simple and routine tasks. Without any physical restrictions, the Social Security over 50 Grid rules directed a finding of not disabled. Consequently, he was denied benefits.
Working with a SSDI Disability Lawyer
Even if the Social Security over 50 Grid rules don’t work in your favor, you can still win your case. In the above example, this gentleman can still win if he proves his conditions meet the medical listing requirements. He can also be approved if he shows he would miss work a lot.
Hire a Disability Expert
An experienced SSDI disability lawyer will help explain the Social Security over 50 Grid rules. They can tell if you these grid rules apply in your case. More importantly, disability lawyer can help you get the evidence you need to apply the grid rules and win your case.
Disability Help Group: Winning Grid Case Study
For instance, Jerry applied for benefits because he had knee pain and swelling. He also had diabetes and diabetic neuropathy. He was 52 years old and had worked in a warehouse for many years.
Unfortunately, Social Security denied Jerry’s claim. He couldn’t understand why. His doctors told him to apply. Finally, Mr. Doyle turned to Disability Help Group. Our advocate suggested that he get a prescription for the cane he had been using. She also noticed that his doctor didn’t write down that he needed to elevate his legs, even though the doctor told Jerry this several times. On our advocate’s advice, he spoke with his doctor. Then, the recommendation was included in his medical records. At hearing, the judge found that Jerry couldn’t do his warehouse job. The judge also found that he couldn’t stand or walk for more than two hours a day. Therefore, Jerry was limited to sedentary work. The Social Security over 50 Grid rules were applied and the judge approved his claim.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
VA Benefits Appeal. To win a VA disability claim, a veteran must prove all elements. Generally, VA will approve a VA benefits claim when a veteran proves the following:
In-service event, disease or injury,
Current disability, and
Medical nexus between the in-service event and the current disability.
After you submit your claim, VA is obligated to issue a decision. Based on the evidence, VA may decide to approve your claim completely. Alternatively, VA may either deny the claim outright, or grant your benefits at a low disability rating. Regardless, veterans have the right to appeal any VA benefits decision to a higher authority.
What is the point of an appeal?
VA decision-makers are not perfect. They often make mistakes. For a disabled veteran who is barely making ends meet, VA’s mistakes can be costly. This is why Congress created the appeals system. It gives veterans a fighting chance to correct VA’s mistakes without losing years of benefits.
VA benefits appeals are great because they preserve the earliest effective dates. Take the example of J. Stone, who filed a claim for PTSD in 2011. VA denied his claim in 2013 because they could not confirm the traumatic in-service event. His friends told him to just file another claim. Instead, he consulted the experts at Disability Help Group (DHG).
A DHG representative helped him file an appeal along with evidence of the in-service event. In 2015, VA decided the appeal in Mr. Stone’s favor. As a result, he received a 70% rating effective 2011, the date he filed his claim. He received
Appeals in the Legacy System
The Legacy system refers to the VA appeals structure for decisions issued prior to February 19, 2019. When VA first denies a claim in Legacy, the veteran may appeal with a Notice of Disagreement (NOD). The deadline to file a legacy NOD is 1 year from the date of the decision.
When you file a timely NOD, you are asking a senior VA officer to overrule the previous decision. If the VA agrees with you, then it will issue a new decision awarding benefits. If not, VA will issue a Statement of the Case (SOC) to explain why the previous decision should stand.
Fortunately, an SOC is not the end of the road. Using a VA Form 9, you can appeal an SOC to the Board of Veterans’ Appeals (the Board). Unlike the lower decision, you have only 60 days to appeal an SOC. A VA Form 9 is a request for a Veterans Law Judge to take a fresh look at your case. If the judge finds in your favor, he/she will award benefits effective the date you first filed. If the judge finds against you, then you can appeal to the U.S. Court of Appeals for Veterans’ Claims.
The Appeals Modernization Act changed everything
Any decisions issued on or after February 19, 2019 fall within the Appeals Modernization Act (AMA). If VA denies your claim, or approves it with a very low rating, you can appeal it by filing one of these forms:
VA Form 20-0995 Supplemental Claim, 20-0996 Request for Higher Level Review, or 10182 Notice of Disagreement to the Board of Veterans’ Appeals
Each lane has its pros and cons. Visit this link for more details [Link to the AMA article].
What’s the downside of an appeal?
First, a VA benefits appeal can take a very long time. Take a look at the search results when you Google “VA appeals backlog.” Prior to the AMA, VA took an average of 2.5 years to process appeals.
Second, you may have to appeal several times to get the job done. If your first appeal is not successful, then you should appeal to a higher tribunal (like the Board of Veterans’ Appeals). When you believe in your claim, you should never give up. Don’t let VA win.
Hire an expert to give yourself the best chance to win
Every VA benefits appeal is different. The best indicator of success is having an experienced representative. This is a very complex system. Most veterans are not equipped to force VA to change a decision. Some cases already have the evidence needed to win, but are lacking a good legal argument. Other cases lack both evidence and argument. An experienced representative can plug the holes in your case.
At DHG, our experts review each case with a fine-toothed comb. This is how we figure out the best path forward. We don’t just file a VA benefits appeal and then wait around for VA to act. Instead, we actively develop winning evidence and arguments to deliver for our clients.
Do you need help with your VA benefits appeal? Contact the experts at DHG for a free consultation.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
Because memory deficits are common VA TBI residuals, a veteran should always have an advocate. Disability Help Group specializes in TBI cases and is here to answer your questions now.
VA Disability Remand. After a veteran applies for VA benefits, VA must decide to either
Grant the claim, or
Deny the claim.
Following a VA decision, the veteran has the right to appeal. If the first appeal fails, a veteran can request review by the Board of Veterans’ Appeals (the Board).
In addition to the first 2 decision options (to grant or to deny), the Board may decide to remand. When the Board issues a remand, it is ordering the VA Regional Office to take specific action to develop the claim. Unfortunately, most of VA’s appeals backlog involves remands.
For many veterans, it takes longer than 2 years for VA to issue a new decision after a Board remand. For most veterans, the goal is to turn a remand into a grant. That is exactly what we do here at Disability Help Group. Keep reading for more information on VA Disability Remands.
Which VA agencies are involved?
VA Disability Remands involve a maze of different decision-makers. To understand VA Disability Remands, one should first understand the different agencies involved.
VA Regional Offices. Claims start at the Regional Office level. There are 57 Regional Offices, most of which are based in the United States.At this level, VA Rating Specialists usually decide the claims. If the Rating Specialist denies the claim or grants it with an inappropriate rating, the veteran can file an appeal. More experienced VA decision-makers, such as Decision Review Officers, usually process these appeals.
Board of Veterans’ Appeals.If the first appeal is unsuccessful, then the veteran has the right to appeal to the Board of Veterans’ Appeals. The Board, which is based in Washington, D.C., is a superior tribunal of VA law judges. The Board reviews appeals of decisions issued by the Regional Offices. At this level, VA law judges (instead of local bureaucrats) make the decisions.
What is a Remand?
Put simply, a remand is an order from a superior agency to a lower one. The lower agency has no choice; it must comply with the remand order. In the VA disability system, the most common type is a remand from the Board to the Regional Office.
While it is not a final decision, a Board remand is binding on the Regional Office.
Why would the Board issue a Remand instead of a Grant or Denial?
There are 3 main reasons:
The Regional Office did a really bad job. Often, the Regional Office fails to meet its duty to assist veterans in accordance with the law. They may have failed to provide a medical exam, misinterpreted a regulation, or ignored favorable evidence. Because of these failures, the claim lacks evidence the Board could rely on to grant. To addressthese failures, the Board uses remands to spell out how the Regional Office can make up for them. After the Regional Office complies with the Remand, it must issue a new decision.
New evidence is introduced. Let’s say the Regional Office denied a PTSD claim because there was no medical nexus. During an appeal to the Board, the veteran submitted a private medical nexus opinion. Because the Board is strictly an appellate tribunal, it cannot consider new evidence in the first instance. In this situation, the Board must remand the case for the Regional Office to consider the new nexus opinion.
Your disability gets much worse. In an appeal involving a request for a higher rating, the disability may get worse while the veteran waits for the Board’s decision. The Board is likely to remand for a new VA medical exam if that last exam was over 2 years ago. Rather than rely on an old exam, the Board may order a new one that reflects the current disability.
What are the Pros and Cons of a Board Remand?
Pros
As a matter of law, veterans have the right to compliance with the Board’s remand order. This means that the Regional Office cannot ignore the order and issue another denial.
It preserves the earliest effective date for the claim. For example, let’s say a veteran filed a claim in February 2012. He appealed his case all the way to the Board, which issued a remand order in December 2019. If the Regional Office grants the case on remand, then the benefits will be effective February 2012.
Cons
Board remands represent the largest backlog of appeals at most Regional Offices. VA is slow to process them.
If the Regional Office issues a decision on remand without complying with the Board’s order, then the Board will likely remand the case again. This could drag the case out even longer.
Example
An experienced representative can make all the difference. Take the example of W.F., a DHG client who served in the Marine Corps.
In October 2012, he filed a claim for multiple orthopedic disabilities. In June of 2013, VA denied his claim for lack of a medical nexus. Although he met the criteria, VA failed to provide a medical exam. On his own, he appealed his case all the way to the Board. While he waited for a decision, W.F. submitted new evidence from his private doctor. In October 2017, the Board remanded his case with the following instructions to the Regional Office:
Associate the new medical evidence with the file,
Schedule the veteran for a VA medical exam, and
Re-adjudicate the claim.
Shortly after the remand order, W.F. hired DHG. First, we regularly urged the Regional Office to comply with the remand. Next, we developed a private medical opinion to satisfy the medical nexus element. As a result, the Regional Office granted the claim in full effective October 2012.
Do you need help with your VA disability remand? The experts at DHG are ready to help. Call for a free consultation.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
Because memory deficits are common VA TBI residuals, a veteran should always have an advocate. Disability Help Group specializes in TBI cases and is here to answer your questions now.
Are you thinking about filing for Social Security Disability Insurance benefits, or have you already submitted your application? You should seriously consider hiring an experienced SSDI advocate to help navigate this complex process. Many people mistakenly believe that applying for disability benefits is simple and straightforward. Unfortunately, this couldn’t be further from the truth.
The initial Social Security disability application process is demanding and detailed. It requires extensive paperwork, comprehensive medical records, and completion of multiple complex forms. Without proper guidance, the process quickly becomes confusing and overwhelming for most applicants.
While you’re not legally required to hire an SSDI disability advocate, working with an experienced professional significantly improves your chances of approval. There are compelling reasons why partnering with a qualified SSDI advocate is one of the smartest decisions you can make for your claim.
Top Advantages of Hiring an SSDI Advocate
Expert Advocacy Throughout Your Entire Case An experienced SSDI advocate serves as your dedicated representative, guiding you through every step of the complex Social Security disability process. The Social Security Administration has very specific definitions of disability, including detailed Blue Book listings of qualifying medical impairments. These conditions must meet strict criteria to qualify applicants for disability benefits. A knowledgeable SSDI advocate helps you understand these intricate listings and assists in gathering the precise evidence needed to support your claim effectively.
Thorough Review of Your Initial Application Your SSDI advocate meticulously reviews your initial application, identifying any critical missing information or potential errors. Even minor mistakes or omissions can negatively impact your claim throughout the entire process, potentially leading to unnecessary delays or denials. An experienced SSDI advocate helps you avoid making serious mistakes that could jeopardize your case from the very beginning.
Direct Communication with Social Security Administration Your dedicated SSDI disability advocate maintains regular contact with the Social Security Administration to ensure your claim progresses smoothly. They assist with completing important forms accurately and answer any questions you have about the process. This direct line of communication helps prevent delays and ensures nothing falls through the cracks during your case.
Timely Appeals and Deadline Management Most importantly, your SSDI disability advocate files any necessary appeals well before critical deadlines. Missing these deadlines can force you to start the entire process over from the beginning, wasting months or even years of valuable time. An experienced SSDI disability advocate ensures all appeals are filed promptly and properly, protecting your right to benefits.
How an SSDI Advocate Increases Your Approval Chances
Deep Knowledge of the Application Process A seasoned SSDI disability advocate has navigated the application process countless times. They understand exactly why the Social Security Administration denies claims and know precisely what evidence and documentation leads to approvals. This extensive experience allows them to put your claim on the right track from day one. Providing the correct information quickly also helps accelerate your application timeline.
Mastery of Social Security Disability Rules A skilled SSDI disability advocate presents your case strategically to maximize your chances of winning. The Social Security Administration has special disability rules for applicants over age 50, known as “grid rules.” These grid rules consider multiple factors when evaluating your claim, including your age, education level, and work background. An experienced SSDI disability advocate explains how these grid rules work and determines if they apply to your specific situation.
Real-World Case Example: Applying Grid Rules Consider this scenario: You’re over 50 years old and previously worked as a cashier. You had to stop working due to severe arthritis in your knees, preventing you from standing or walking for extended periods. A knowledgeable SSDI disability advocate identifies exactly which medical records will strengthen your case. They also provide specialized forms for your doctor to complete, including crucial Residual Functional Capacity (RFC) forms that document your specific limitations.
Cost of Hiring an SSDI Advocate
No Upfront Costs or Fees There are absolutely no upfront costs when hiring an SSDI disability advocate. If the Social Security Administration doesn’t approve your disability benefits, you pay no fees whatsoever. The Social Security Administration has established specific rules that determine exactly how much disability advocates can be paid.
Social Security Regulates Advocate Fees An SSDI disability advocate cannot receive more than 25% of your back pay, with a maximum cap of $7,200 under current Social Security regulations. In other words, $7,200 is the absolute maximum an SSDI disability advocate can receive in fees. For example, if you’re awarded $40,000 in back pay, your SSDI disability advocate receives $7,200 in fees, and you receive the remaining $32,800.
Direct Payment from Social Security The Social Security Administration automatically withholds your SSDI advocate’s fee from your back pay award. Social Security pays your advocate directly, then sends the remainder of your back pay directly to you. This system ensures complete transparency and eliminates any payment concerns.
Associated Costs for Medical Records However, there may be costs associated with obtaining copies of your medical records from healthcare providers. These administrative costs are separate from advocate fees and must be reimbursed directly to your SSDI advocate.
When Should You Contact a SSDI Advocate?
Early Contact Provides Maximum Benefit Generally, it’s best to contact an experienced SSDI advocate as early as possible in the process. If you’re considering filing for disability benefits, call a qualified SSDI dvocate for a free consultation. They can evaluate the strength of your potential case and assist with the entire initial application process.
Help Available at Any Stage However, it’s never too late to get professional help. You can hire an SSDI advocate during any stage of the disability process, whether you’re filing an initial application, requesting reconsideration, or preparing for a hearing. A skilled SSDI advocate can answer questions about appealing your claim and help identify what went wrong with previous applications or appeals.
Why Choose Disability Help Group?
At Disability Help Group, our experienced advocates understand the Social Security disability system inside and out. We stay current with all law changes and Social Security Administration updates to provide you with the most effective representation possible.
Our team combines legal expertise with compassionate support, ensuring you receive both professional advocacy and personal attention throughout your case. We’re committed to helping you get every disability benefit you deserve from the Social Security Administration.
Ready to get the help you deserve? Contact Disability Help Group today for your free consultation or call 800-800-3332 and take the first step toward securing your Social Security disability benefits.
Disability Help Group specializes in Social Security disability claims, SSDI applications, disability appeals, and hearing representation. Our experienced advocates help clients nationwide navigate the complex Social Security disability process with confidence and success.
How Can I Check on My Disability Claim? It takes Social Security time to process your disability application. There are several steps that Social Security takes before making a decision on your claim. Checking your Social Security application status is an easy way to stay on top of your Social Security application. You can make sure there is no missing information slowing down your application.
However, there are different guidelines for checking the status of a claim. There are also different departments that handle your claim. It can be confusing and frustrating if you’re not sure who to contact for the status of your claim.
Ways to Check the Status of Your Application
There are several ways to check the status of your Social Security disability claim. These include:
Online at the SSA website at www.ssa.gov . If you are checking the status of your application online, you will need to create a “my Social Security” account.
Contact your local Social Security office
Contact Social Security’s national telephone at 1-800-772-1213
Contacting you Social Security disability lawyer
Information Needed to Check Your Claim Status
In order to provide you information about your claim, Social Security will ask for specific information. You should have this information available before speaking with Social Security. This includes:
Your name
Social Security number
Address
Email
A phone number for Social Security to reach you
Checking on Initial Applications or Reconsideration Claims
First, you send your disability claim to your local Social Security office. Second, the local office processes your application. Third, your claim is sent to Disability Determination Services or DDS. DDS assigns a claims representative to your case. The person assigned to your case is the claims adjudicator.
Even if you need to check the status of your claim at the initial application or on reconsideration (the first appeal), it is best to speak directly with the claims adjudicator assigned to your case. DDS often will include your claims’ adjudicator’s name and phone number on letters and forms that they send you. Your claims adjudicator will give you the status of your claim and tell you what information they are waiting for. However, the claims adjudicator cannot tell you Social Security’s decision on your claim. You will receive a decision letter in the mail.
DDS will assign a different claims adjudicator at the reconsideration level.
Especially if you have not received any letters or forms, you can also call your local office for additional information. Social Security recommends that you wait at least thirty days before checking on the status of your claim.
DDS mails you letters that tell you what information is missing from your claim. This generally includes a list of your doctors that Social Security has contacted. The letters state that they will make a decision within 10 days if they do not receive the requested information. Do not panic if you receive these letters. At times, you may receive this notice very shortly after your claims adjudicator sends a request to your doctors, giving them very little time to respond. It is best to follow up with your claims adjudicator or your disability lawyer to receive an accurate update on the status of your claim.
Checking on Hearing Level Claims
You can appeal at reconsideration level and request a hearing in front of an administrative law judge. Once a request has been filed, your claim is sent to the hearing office(OHO). Your claim will be assigned and scheduled for a hearing. It may take several months for OHO to schedule your hearing.
Speaking to the correct office
If your case is at the hearing level, it is best to contact the hearing office directly. The hearing offices are separate from Social Security. Therefore, your local office will not have much information about your claim at that point. At best, the local office will only confirm that your case is at the hearing office.
If You Have a SSDI disability lawyer
A disability lawyer will make these calls and check on the status of your claim for you. An experienced disability lawyer will perform regular status checks with Social Security. Since they are familiar with all aspects of the process, they will know who to call to get accurate information. A disability lawyer will also help you to complete all the paperwork. Overall, hiring an experienced disability lawyer can help to make the claims process easier.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Make sure you start your claim the right way and apply for all the benefits you deserve. If you have already applied for SSI or SSDI, call immediately to make sure your case is still pending and was filed correctly. You may be entitled to significant compensation. Contact us now for a free consultation.
