Disability Determination

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Disability Determination - Step 5

Revised November 14, 2011

WAC 388-449-0100

Sequential Evaluation Process step V — How does the department evaluate if I can perform other work when determining disability?

WAC 388-449-0100

Effective November 1, 2011

WAC 388-449-0100 Sequential Evaluation Process step V — How does the department evaluate if I can perform other work when determining disability?

If we decide you cannot do work that you have done before, we then decide if you have the residual functional capacity to perform other work.

1. We evaluate education in terms of formal schooling or other training to acquire skills that enables you to meet job requirements. We classify education as:

If you	Then your education level is
a. Cannot read or write a simple communication, such as two sentences or a list of items.	Illiterate
b. Have no formal schooling or vocational training beyond the sixth grade.	Marginal education
c. Have no formal schooling or vocational training beyond the eleventh grade; or d. Had participated in special education in basic academic classes of reading, writing or mathematics in high school.	Limited education
e. Have received a high school diploma or general equivalency degree (GED) and don't meet the special education definition in (d) above; or f. Have received skills training and were awarded a certificate, degree, or license.	High school and above level of education

2. We approve disability if you have a marked or severe physical impairment and meet the criteria below:

Exertional Level	Your age	Your education level	Other vocational factors	Environmental and Functional limitations
Less than Sedentary	Any Age	Any level	Does not apply	Does not apply
Sedentary	Any Age	Any level	Does not apply	You have marked or severe environmental or functional impairments that preclude all sedentary work
Sedentary	Fifty and older	Any level	Does not apply	Does not apply
Sedentary	Forty-five and older	Marginal education or limited English proficiency (LEP)	No transferable skills to work level	Does not apply
Light	Any Age	Any level	Does not apply	You have marked or severe environmental or functional impairments that preclude all sedentary and light work
Light	Fifty and older	Marginal education or limited English proficiency (LEP)	Does not apply	Does not apply

3. We approve disability when you have mental health impairments, with an overall severity of marked or severe, and we have documentation, including a mental status exam (MSE) per WAC 388-449-0040, that demonstrates social or cognitive factors, as described in WAC 388-449-0020, interfere with working as follows:

Your age	Your education	Work history	Social limitation
Fifty-five and older	Limited education	Any	Does not apply
Any age	Any Level	Any	Markedly impaired in the ability to: a. Understand, remember, and persist in tasks by following simple instructions of one or two steps; b. Perform activities within a schedule, maintain regular attendance, and be punctual within customary tolerances; c. Perform routine tasks without undue supervision; d. Adapt to changes in a routine work setting; e. Make simple work-related decisions; f. Be aware of normal hazards and take appropriate precautions; g. Ask simple questions or request assistance; h. Communicate and perform effectively in a work setting; or i. Complete a normal workday and workweek without interruptions form psychologically based symptoms.
Any age	Any Level	Unskilled	Markedly impaired in the ability to: a. Understand, remember, and persist in tasks by following simple instructions of one or two steps; b. Make simple work-related decisions; c. Communicate and perform effectively in a work setting; or d. Adapt to changes in a routine work setting.
Fifty and older	Any Level	Skilled	Markedly impaired in the ability to: a. Understand, remember, and persist in tasks by following complex instructions; b. Set realistic goals and plan independently; or c. Learn new tasks.

4. We approve disability when you have both mental and physical impairments, with an overall severity of marked or severe, and we have documentation, including a mental status exam (MSE) per WAC 388-449-0040, that demonstrate social or cognitive factors, as described in WAC 388-449-0020 interfere with working as follows:

Your age	Your education	Skill or Work Level	Social Restrictions	Past Work
Any age	Any level	Restricted to light work level or less.	You are moderately impaired in your ability to communicate and perform effectively in a work setting.	No transferable skills to work level
Fifty or older	Limited education or LEP	Restricted to light work level or less.	Does not apply	No transferable skills to work level
Any age	Marginal education or LEP	Restricted to medium work level or less.	You are moderately impaired in your ability to communicate and perform effectively in a work setting with limited public contact	No transferable skills to work level

5. If you don’t meet the criteria listed above, and there are jobs you can do, we will find you are able to perform other work and we will take the following actions:

a. Deny disability; and

b. Give you examples of jobs you can do despite your impairments.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Worker Responsibilities

If a person with a physical condition has marked or severe environmental or functional impairments, the Disability Program Specialist must decide if the environmental impairments or functional impairment would prevent the person from working in the jobs available within their exertion level.
If the person does not meet the disability criteria for ABD cash, list at least two jobs the person is capable of doing despite his or her impairments on the denial letter.

EXAMPLE

Don worked in lumber mills for most of his life. He has degenerative disc disease and is limited to light work. Don also developed a severe allergy to cedar. This environmental factor means Don can't work in a lumber mill, but he could do other light work or sedentary work, such as an order writer or cashier.

EXAMPLE

Anne worked as a sales associate at several department stores. She states she has excellent customer service skills, but she stopped working due to increasing anxiety in public situations. Although Anne may not be able to work where she has physical contact with the public, she could do other work, such as a call center customer service representative.

EXAMPLE

Thomas worked as machinist for several years, and states he enjoyed the work. He has developed degenerative disc disease and has mild carpal tunnel syndrome. Thomas also has a history of panic attacks when he tried working in the office at his last job. He is physically capable of light work, but cannot type more than a few minutes at a time due to carpal tunnel and cannot work in a public setting. It would be very difficult for Thomas to find a job that he could do despite his impairments.