BASIC (08-11)

DI 52750.010 Disability Determination Services (DDS) Adjudication

A. Policy

1. Court decision

  1. The court interpreted medical-vocational rules 201.23 and 202.16 to be applicable only to persons who are either illiterate or unable to communicate in the English language.

  2. The court found that neither rule is applicable for younger persons who are both illiterate and unable to communicate in the English language.

2. Medical vocational rules

Medical-vocational rules 201.23 and 202.16 cannot be applied to direct a finding of “not disabled” if all of the following criteria are met:

  • The claimant is both illiterate and unable to communicate in the English language; and

  • is age 18 to 44, unskilled or has no work history; and

  • based upon a residual functional capacity assessment has been determined to be able to work at only the sedentary or light level of exertion.

B. Procedure

1. Medical-vocational guidelines

When the criteria in DI 52750.010A are met, use the appropriate grid regulations only as a guide for adjudication; i.e., the rules will not dictate a decision. See Appendix 2, 200.00(a) in DI 25025.005A.

2. Rationale

  1. When illiteracy and inability to communicate in the English language are alleged or appear to be in question, a determination with respect to both issues must be made.

  2. In adverse decisions where the Martinez Ruling applies, the rationale must state that the Martinez Ruling has been considered in the decision.

3. Notices

No special Martinez notices are required.

4. Listing codes

  1. Favorable decisions

    Enter listing code 536 in block 26 of the SSA-831-C5 or block 34 of the SSA-832-C5 or the SSA-833-C5, if a favorable decision results following application of the Martinez Ruling.

  2. Unfavorable decisions

    Enter listing code 537 in block 26 of the SSA-831-C5 or block 34 of the SSA-832-C5 or the SSA-833-C5, if an unfavorable decision results following application of the Martinez Ruling.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0452750010
DI 52750.010 - Disability Determination Services (DDS) Adjudication - 07/28/2011
Batch run: 08/01/2011
Rev:08/01/2011