Disability Determination - Step 5
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Disability Determination - Step 5


Revised March 19, 2013



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

WAC 388-449-0100

WAC 388-449-0100

Effective June 1, 2012

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 consider your age, education, and other factors to 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 enable you to meet job requirements. We classify education as:

If you

Then your education level  is

a.    Can't 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 when you have a moderate, marked or severe physical impairment and meet the criteria below:

Exertional Level           

Your age               

Your education level 

Work history

Nonexertional and Functional limitations 

Restricted to less than sedentary

 Any Age

 Any level

Does not apply

Does not apply

Restricted to sedentary

 Any Age

 Any level

Does not apply

You have nonexertional or functional impairments that preclude all sedentary work

Restricted to sedentary

Fifty and older

 Any level

Does not apply

Does not apply

Restricted to sedentary

Forty-five and older

Marginal education, illiterate, or unable to communicate in English 

Unskilled or none

Does not apply

Restricted to light 

 Any Age

 Any level

Does not apply

You have nonexertional or functional impairments that preclude all sedentary work

Restricted to light 

Fifty and older

Marginal education  or unable to communicate in English 

 Does not apply

Does not apply

 

3.    We approve disability when you have a moderate, marked, or severe mental impairment and you meet the criteria below:

Your age  

Your education  

Work history

Social and cognitive limitations  

Any age

Any level

Any level

Substantial loss of ability to:

·         Understand, remember, and persist in tasks by following very short and simple instructions;

·         Perform activities within a schedule, maintain regular attendance, and be punctual within customary tolerances without special supervision;

·         Perform routine tasks without special supervision;

·         Adapt to changes in a routine work setting;

·         Make simple work-related decisions;

·         Be aware of normal hazards and take appropriate precautions;

·         Ask simple questions or request assistance;

·         Communicate and perform effectively in a work setting;

·         Complete a normal workday and workweek without interruptions from psychologically based symptoms; or

·         Maintain appropriate behavior in a work setting.

Fifty-five and older

Any level

Any level

Substantial loss of ability to:

·         Understand, remember, and persist in tasks by following detailed instructions;

·         Set realistic goals and plan independently; or

·         Learn new tasks.

4.   "Substantial loss of ability" means you are not able to perform the particular activity in regular competitive employment or outside of a sheltered work setting.

5.   We approve disability when you have both mental and physical impairments,  with an overall severity that is moderate, marked or severe, and you meet the criteria below:

Your age  

Your education  

Exertional Level

Social and cognitive limitations

Other vocational factors

Any age 

Any level 

Restricted to light or less. 

You have a substantial loss of ability to:

·       Communicate and perform effectively in a work setting; or

·        Maintain appropriate behavior in a work setting.

No transferable skills to work level

Fifty or older 

Limited education or unable to communicate in English

Restricted to light or less. 

Does not apply

No transferable skills to work level

Any age

Marginal education, illiterate, or unable to communicate in English

Restricted to medium or less. 

You have a substantial loss of ability to:

·         Communicate and perform effectively in a work setting with limited public contact; or

·         Maintain appropriate behavior in a work setting.

No transferable skills to work level

 

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

a.   Deny disability; and

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

7.   If there are no jobs you can do in the national economy despite your impairment(s), we approve disability.

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

1.   If an individual is neither approved at Step III nor denied at Steps I, II, or IV of the Sequential Evaluation Process (SEP), the Disability Specialist determines if the individual can perform other work.

2.   When determining if the individual is capable of performing other work, the Disability Specialist gives full consideration to the individual's residual functional capacity, age, education, and work experience.  


NOTE:

The Social Security Administration (SSA) defines residual functional capacity as the most the individual can do despite their impairment. Ordinarily RFC is an assessment of an individual's ability to do sustained work-related physical and mental activities in a work setting on a regular and continuing basis. A "regular and continuing basis" means 8 hours a day, for 5 days a week, or an equivalent work schedule. See SSR 96-8p for additional details.


3.   If the individual meets the approval criteria detailed in the Physical, Mental, or Combination tables in WAC 388-449-0100, they are considered unable to perform other work and ABD is approved.

4.   If the individual does not meet the ABD approval criteria detailed in the Physical, Mental, or Combination tables, the Disability Specialist determines whether the individual is capable of performing at least two jobs available in the national economy.

5.   If the Disability Specialist determines the individual is capable of performing other work available in the national economy, the Disability Specialist must list at least two specific jobs from the Dictionary or Occupational Titles (DOT) that the individual is able to perform given their residual functional capacity, age, education, and work experience.

6.   If the Disability Specialist cannot identify at least two examples of jobs the individual can perform despite their impairment, ABD is approved.

 

Modification Date: March 19, 2013