Incapacity Determination - PEP Step III
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Incapacity Determination - PEP Step III


Revised December 30, 2013


PEP Step III--Determining the severity of physical impairments


WAC 388-447-0050Progressive evaluation process step III — How does the department determine the severity of physical impairments?

<p>WAC 388-447-0050

WAC 388-447-0050

Effective January 1, 2014

WAC 388-447-0050 Progressive evaluation process step III — How does the department determine the severity of physical impairments?

"Severity of a physical impairment" means the degree that an impairment restricts you from performing the basic work-related activities in WAC 388-447-0001. Severity ratings range from one to five, with five being the most severe. We assign severity ratings based on the table in WAC 388-447-0020.

  1. We assign to each physical impairment a severity rating that is supported by medical evidence.
  2. If your physical impairment is rated two, and there is no mental impairment or a mental impairment that is rated one, we deny incapacity.
  3. If your physical impairment is rated five, we approve inca-pacity.

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.

CLARIFYING INFORMATION

Compare the severity rating given by the medical evidence provider with the objective evidence.

  1. When it is consistent, accept it.
  2. When it is not consistent,  raise or lower the rating after consulting medical sources and references. You must have clear and convincing reasons for adjusting a provider's severity rating. Always fully explain your clear and convincing reasons for not accepting the provider's rating in your notes.
Modification Date: December 30, 2013