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O [\'shea]{.smallcaps}[ ]{.smallcaps}[ardmorb ]{.smallcaps}. PA
19003-1311 or [counsel]{.smallcaps}

[lawrence ]{.smallcaps}J. [weinstein ]{.smallcaps}[dennis
]{.smallcaps}J. [gruenke]{.smallcaps}

**610-688-1800**

**[e-mail ]{.smallcaps}info@silver2law.com**

**• MEMBER PA & NJ BARS**

January 3, 2006 Dear Commissioner Barnhart:

The Social Security Administration\'s (SSA) proposal to increase by two
years the age categories used in making disability decisions must be
reconsidered. These changes fail to take into consideration the true
nature of the struggles of those afflicted individuals who need to apply
for Social Security Disability.

Social Security has claimed that the average health of the elderly
population is improving.\
However, this general statement fails to take into account the impact of
education, income and\
race on disabled individuals. The lower the education an individual has
attained, the more likely\
that they will become disabled. Just being disabled can prevent someone
from having the\
opportunity to obtain higher education. Those who are poorer also have
higher rates of disability.\
Being poor often interferes with getting quality health care. In
addition, Blacks and Native\
Americans have higher rates of disability in their fifties than whites
do. Overall, such a blanket\
statement that the average health of Americans is improving fails to
account for those Americans\
who struggle with education and income and may be of a particular race.
For those large groups\
of Americans, raising the age categories in the grid rules will have a
tremendously negative\
impact on their lives. !

Social Security has also justified the proposed changes by opining that
work opportunities have\
increased for older Americans. This is not an accurate statement when
applied to blue-collar\
jobs Many older Americans who have traditionally worked at blue-collar
jobs do not have the\
skills, education or knowledge to allow them to succeed in a
white-collar job. The addition of jobs\
for older Americans that the SSA refers to is mainly happening in the
white-collar sector, not the\
blue collar one. ,

Social Security has justified the proposed changes by relying on
Congressional action taken in raising the retirement age While Congress
raised the retirement age it took no action in altering the age that
widows and widowers are eligible for benefits if they become disabled.
Also, just because Americans are living more years, this does not mean
that they are living more years without disability.

The Grid Rules are in place to benefit those individuals with
disabilities who have the most adverse vocational characteristics.
Therefore, SSA\'s proclamation that it knows that there are \"many
jobs\" that older individuals can perform and adjust to is Illogical.
Currently, the Grid Rules are already rather stringent. For those under
55 there is only one rule that leads to a finding of disability in the
light grid, that of an individual age 50-54, illiterate or unable to
communicate in English, and has an unskilled work history or no past
work history. The sedentary grid includes a few more categories of
workers, but sedentary work \"represents a significantly restricted
range of work.\" Finally, SSA\'s theory that older workers are able to
adjust to other work is\' not supported by any fact SSA has provided no
evidence to support this theory. Just because some Americans are in
better health now than they were fifty years ago, does not mean that
most Americans who have never done a specific job, will be able to
adjust to a new careen at age fifty or fifty-five without an incredible
amount of vocational adjustment or at all. Again, health, income and
education all are factors in making a successful adjustment to job
responsibilities. Those

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individuals who are applying for benefits are not likely to have had the
ability to make such an\
adjustment.

While SSA says that they will save billions of dollars by altering the
Grid Rules, money alone\
should not justify the changes, especially when the most vulnerable
members of our society\
those who are disabled, will be hurt by the proposed changes. •!

Respectfully submitted

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