![]() 2 (Grids), § 201.00(h)įor claimants (1) who are at least 45 years of age (2) who are restricted to sedentary work (3) who are unskilled or have no transferable skills (4) who have no relevant past work or who can no longer perform vocationally relevant past work and (5) who are either illiterate or unable to communicate in the English language, a finding of disabled is warranted. The regulations specifically require that SSA ask how long the claimant attended school and whether s/he is able to speak, understand, read and write in English and do at least simple calculations in arithmetic. Generally, an illiterate person has had little or no formal schooling. ![]() The SSA considers someone illiterate if the person cannot read or write a simple message such as instructions or inventory lists, even though the person can sign his or her name. The regulations define illiteracy as “the inability to read or write.” 20 C.F.R. The regulations also stated that formal education that was completed many years before the claimant’s impairment began, or unused skills and knowledge that were a part of a claimant’s formal education, may no longer be useful or meaningful in terms of a claimant’s ability to work. §§ 404.1564(a), 416.964(a) states that past work experience and the kinds of responsibilities the claimant had when working may show intellectual abilities, although the claimant may have little formal education. Illiteracy can be established by the results of a Wide Range Achievement Test (WRAT), Wechsler Individual Achievement Test (WIAT), or the Woodcock-Johnson Psychoeducational Battery–Revised: Tests of Achievement (WJ-R ACH). ![]() Consequently, if a claimant appears to have trouble reading or writing in English, the Grids should be closely reviewed to determine whether the claimant’s other vocationally-relevant characteristics would direct a finding of disabled if the claimant was illiterate.Īs described below, many courts have issued decisions ruling that administrative law judges improperly determined that claimants were literate and, therefore, applied the incorrect Grid Rule. ![]() The Social Security Administration’s (SSA) Medical-Vocational Guidelines (Grids) provide that the literacy or illiteracy of certain categories of claimants can either result in a finding of “disabled” or “not disabled.” See 20 C.F.R. ![]()
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