The court's ruling in Martinez applies only to cases in which the individual resides in Texas, Mississippi or Louisiana
at the time of the determination or decision at any level of administrative review
(i.e., initial, reconsideration, administrative law judge hearing or Appeals Council
review). For such individuals seeking disability benefits or continuation of disability
benefits under Title II or Title XVI, when illiteracy and inability to communicate
in English are alleged or appear to be in question, findings with respect to both
issues must be made. Where individuals limited to sedentary work, age 18 to 44 with
unskilled or no work history are found to be both illiterate and unable to communicate
in English, Rule 201.23 cannot be applied under the Martinez Ruling. The grid may be used only as guidance for decision-making, i.e., used as
a framework such as for cases for which a specific grid rule does not direct a decision.
In addition, under the Court's decision, Rule 202.16, which applies to individuals
limited to light work, cannot be applied to individuals who are both illiterate and
unable to communicate in English. Again, the grid may be used only as guidance (i.e.,
as a framework) for decision-making.