20 C.F.R. § 416.964

Your education as a vocational factor

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(a) General. Education is primarily used to mean formal schooling or other training which contributes to your ability to meet vocational requirements, for example, reasoning ability, communication skills, and arithmetical ability. However, if you do not have formal schooling, this does not necessarily mean that you are uneducated or lack these abilities. Past work experience and the kinds of responsibilities you had when you were working may show that you have intellectual abilities, although you may have little formal education. Your daily activities, hobbies, or the results of testing may also show that you have significant intellectual ability that can be used to work.

(b) How we evaluate your education. The importance of your educational background may depend upon how much time has passed between the completion of your formal education and the beginning of your physical or mental impairment(s) and by what you have done with your education in a work or other setting. Formal education that you completed many years before your impairment began, or unused skills and knowledge that were a part of your formal education, may no longer be useful or meaningful in terms of your ability to work. Therefore, the numerical grade level that you completed in school may not represent your actual educational abilities. These may be higher or lower. However, if there is no other evidence to contradict it, we will use your numerical grade level to determine your educational abilities. In evaluating your educational level, we use the following categories:

(1) Illiteracy. Illiteracy means the inability to read or write. We consider 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. Generally, an illiterate person has had little or no formal schooling.

(2) Marginal education. Marginal education means ability in reasoning, arithmetic, and language skills which are needed to do simple, unskilled types of jobs. We generally consider that formal schooling at a 6th grade level or less is a marginal education.

(3) Limited education. Limited education means ability in reasoning, arithmetic, and language skills, but not enough to allow a person with these educational qualifications to do most of the more complex job duties needed in semi-skilled or skilled jobs. We generally consider that a 7th grade through the 11th grade level of formal education is a limited education.

(4) High school education and above. High school education and above means abilities in reasoning, arithmetic, and language skills acquired through formal schooling at a 12th grade level or above. We generally consider that someone with these educational abilities can do semi-skilled through skilled work.

(c) Information about your education. We will ask you how long you attended school, and whether you are able to understand, read, and write, and do at least simple arithmetic calculations. We will also consider other information about how much formal or informal education you may have had through your previous work, community projects, hobbies, and any other activities which might help you to work.

[45 FR 55621, Aug. 20, 1980, as amended at 85 FR 10603, Feb. 25, 2020]

Notes of Decisions

Cited in 542 cases (333 in the last 5 years), 1984–2026 · leading case: Shoulars v. Astrue, 671 F. Supp. 2d 801 (E.D.N.C. 2009).

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Shoulars v. Astrue, 671 F. Supp. 2d 801 (E.D.N.C. 2009). · cites it 10× “” 20 C.F.R. § 416.964 (b)(1). The next highest education level is “marginal education,” which is one level below “limited education.”

Maria Pinto v. Larry G. Massanari, Acting Comm'r of the Soc. Sec. Admin., 249 F.3d 840 (9th Cir. 2001). “See DOT Appendix C(III) ("The description of the various levels of language and mathematical development are based on the curricula taught in schools throughout the United States.”

Thelma L. WALKER, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y of Health & Human Servs., Defendant-Appellee, 826 F.2d 996 (11th Cir. 1987). “The claimant has a marginal 4th grade education (20 CFR 416.964). 8. Section 416.969 of Regulations No.”

Sheila Pyles v. Otis R. Bowen, Sec'y, Dep't of Health & Human Servs., 849 F.2d 846 (4th Cir. 1988). “20 C.F.R. § 416.964 . Under the guidelines, a claimant with these characteristics and capable of performing sedentary work will be found disabled if their previous work experience was “unskilled” or “skilled or semiskilled — skills not transferable.”

John E. WOLFE, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec. Admin., Defendant-Appellee, 86 F.3d 1072 (11th Cir. 1996). “” 20 C.F.R. § 416.964 (b). Id. at 510 . We overturn the district court’s finding that the ALJ’s determination that Wolfe is marginally educated is supported by substantial evidence.”

Cruz v. Astrue, 941 F. Supp. 2d 483 (S.D.N.Y. 2013). · cites it 2× “ALJ Solomon found that Cruz was “able to communicate in English,” citing 20 C.F.R. 416.964. R. 179. That regulation, which requires that *498 a claimant’s ability to communicate in English be considered as a factor relating to her ability to work, refers only to a claimant’s…”

Johnson v. Comm'r of Soc. Sec., 193 F. Supp. 3d 836 (N.D. Ohio 2016). “963 ); that Plaintiff has at least a high school education and is able to communicate in English ( 20 C.F.R. § 416.964 ); that transferability of job skills is not an issue because the claimant does not have past relevant work ( 20 C.”

Rob Caudill v. Comm'r of Soc. Securit, 424 F. App'x 510 (6th Cir. 2011). · cites it 3× “” In his decision denying Caudill SSI, ALJ Reynolds found that “[t]he claimant has a limited education and is able to communicate in English (20 CFR 416.964).” 2008 5 09-6473, Caudill v.”

Morales v. Berryhill, 239 F. Supp. 3d 1211 (E.D. Cal. 2017). “The claimant has a limited education and is able to communicate in English ( 20 C.F.R. § 416.964 ). 8. Transferability of job skills is not an issue because the claimant does not have past relevant work ( 20 C.”

Mason L. GIBSON, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant-Appellee, 762 F.2d 1516 (11th Cir. 1985). “25 which analyzes the variables of a younger individual (age 18-44), with a limited (or less) *1521 education (see 20 C.F.R. § 416.964 (b)(3) (defining limited education)), without transferable work skills, and with a sedentary residual functional capacity, and rendered a…”

Laura J. Dixon v. Margaret M. Heckler, Sec'y, Dep't of Health & Human Servs., 811 F.2d 506 (10th Cir. 1987). “” 20 C.F.R. § 416.964 (b). There was evidence that Dixon could read, albeit with difficulty.”

Brenda Deaton v. Comm'r of Soc. Sec., 315 F. App'x 595 (6th Cir. 2009). · cites it 4× “20 C.F.R. § 416.964 (b)(1). Deaton attended school through the eighth grade, which constitutes a “limited education” under the regulations, see 20 C.”

Show all 542 citing cases →

— 20 C.F.R. § 416.964(b)(1) — 1 case

Harrington v. Comm'r of Soc. Sec. (W.D. La. 2024).

— 20 C.F.R. § 416.964(b)(3) — 1 case

Brown v. Comm'r of Soc. Sec. (M.D. Penn. 2022).

— 20 C.F.R. § 416.964(b)(5) — 2 cases

Cruz v. Astrue, 941 F. Supp. 2d 483 (S.D.N.Y. 2013). “ALJ Solomon found that Cruz was “able to communicate in English,” citing 20 C.F.R. 416.964. R. 179. That regulation, which requires that *498 a claimant’s ability to communicate in English be considered as a factor relating to her ability to work, refers only to a claimant’s…”

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