Use a rule as a framework for a favorable determination when using the borderline age provisions. See the instructions for “Borderline Age” in DI 25015.006.

When we published the medical-vocational rules, we made assumptions about the combinations of residual functional capacity (RFC), age, education, and past work experience that we use when evaluating claimants filing for disability. Some of those assumptions were that claimants who were illiterate would not have skilled or semiskilled past relevant work (PRW), and that younger individuals (ages 45 to 49) with a high school education would have skilled or semiskilled PRW.

Because of those assumptions, we have no rules:

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  for younger individuals (ages 45-49) with a sedentary RFC, high school education, and unskilled work experience, or

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  for claimants who are illiterate and have skilled or semiskilled past work experience and no transferable skills.

However, regulations § 404.1565 and § 416.965 indicate that we treat a claimant who has no transferable skills the same as a claimant with unskilled PRW. If we used rules for skilled or semiskilled work with no transferable skills and limited or less education for claimants who are illiterate, our determination would be inconsistent with the regulations. In the unusual case in which an illiterate claimant had transferable skills, the rule for limited or less education and transferable skills would apply, because transferable skills permit adjustment to other work regardless of other unfavorable vocational factors.

EXAMPLE: A 47-year-old claimant who is illiterate has an RFC for sedentary work and skilled or semiskilled PRW with no transferable skills. Rule 201.17 for a claimant who is illiterate with unskilled or no PRW indicates a finding of disabled is appropriate. Rule 201.19, which would apply to a claimant who is 47 years old with a limited or less education and skilled or semiskilled PRW with no transferable skills indicates a finding of not disabled is appropriate. Using Rule 201.19 in this case scenario would yield a result inconsistent with our regulations.

If no applicable rule reflects the claimant’s PRW, use the following guidelines to identify the appropriate rule to use as a framework:

EXAMPLE 1:

The claimant is 46 years old with a high school education and unskilled PRW with a sedentary RFC. Rule 201.21 is for a younger individual age 45-49 with skilled or semiskilled PRW and no transferable skills. Use rule 201.21 as a framework for a determination since there is no rule for a 46-year-old claimant with a high school education and unskilled PRW.

EXAMPLE 2:

The claimant is a 53-year-old who is illiterate and has past relevant work as a skilled ironworker. He is able to use those skills in other work within his light RFC. There is no medical-vocational rule for a claimant with a light RFC who is closely approaching advanced age and who is illiterate with semiskilled or skilled work PRW with transferable skills. Use rule 202.12 as a framework for a determination. Although rule 202.09 suggests that closely approaching advanced age claimants who are illiterate should be found disabled, transferable skills permit the claimant to adjust to other work despite the adversities of his or her vocational factors. See 20 CFR Subpart P, App. 2 201.00(e) and 202.00(e).