Ard v. O'Malley: Court Rejects Borderline Age Disability Claim

In Ard v. O'Malley, the U.S. Court of Appeals for the Fourth Circuit affirmed the denial of Social Security Disability Insurance (SSDI) benefits to Donna Ard, ruling that an administrative law judge (ALJ) was not required to apply the "borderline age" rule when Ard was more than six months away from her fiftieth birthday. The decision clarifies the meaning of "a few days to a few months" under 20 C.F.R. § 404.1563(b), emphasizing that six months marks the outer limit for considering a higher age category.

Background on Disability Claim and ALJ Evaluation

Ard applied for SSDI benefits in 2016, alleging disability due to anemia, chronic pain, depression, and other impairments. She was last insured as of December 31, 2015, and was 49 years old—six months and 17 days shy of her fiftieth birthday. After a hearing, the ALJ denied her claim, concluding at step five of the evaluation process that Ard could perform other work based on the Medical-Vocational Guidelines (the "Grids") and testimony from a vocational expert.

Under the Grids, applicants are categorized by age to determine their ability to adjust to other work. Claimants younger than 50 are considered "younger individuals," while those 50 to 54 are deemed to be "closely approaching advanced age." In borderline situations—where a claimant is within a few days to a few months of a higher age category and would be found disabled under that category—the ALJ has discretion to consider moving the applicant into the older age group.

Legal Question: What Constitutes a Borderline Age Case?

Ard argued that being six months and 17 days away from age 50 qualified as "a few months" and triggered the ALJ’s duty to consider whether she should be evaluated as a "person closely approaching advanced age."

The Fourth Circuit disagreed. The court held that six months represents the outer boundary of the borderline age rule and that Ard, being just over that limit, was not entitled to have the rule applied. The court found support for this interpretation in:

• The text of the regulation, which specifies "a few days to a few months"

• Internal agency guidance documents (HALLEX and POMS), which instruct adjudicators that the rule generally applies to periods of six months or less

• A consensus among other courts that have adopted a six-month maximum

ALJ Was Not Required to Consider Higher Age Category

The court emphasized that while ALJs have flexibility when non-exertional limitations or other unique circumstances are present, the borderline age rule's wording limits how far that discretion extends. The court further noted that the ALJ used the Grids only as a framework, given Ard’s additional limitations, and relied on vocational expert testimony that identified jobs she could perform.

Because Ard was not within "a few months" of age 50 under the regulatory meaning, the ALJ was not obligated to address or apply the borderline age rule, and failure to do so was not reversible error.

Legal Support for SSDI Eligibility and Age Classification

Social Security Disability claims often depend on how the SSA interprets age categories, work limitations, and vocational evidence. Our team at Whitcomb, Selinsky, PC helps clients evaluate denials, understand SSA regulations, and pursue appeals involving borderline age rules and other complex eligibility factors.