Incapacity Determination - PEP Step VII
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Incapacity Determination - PEP Step VII


Revised November 15, 2011


Evaluating a client's capacity to perform relevant past work


WAC 182-508-0100PEP Step VII--Evaluating a client's capacity to perform relevant past work. (Emergency rule effective 11/1/11.)

WAC 182-508-0100

WAC 182-508-0100

Effective October 14, 2012

WAC 182-508-0100 PEP Step VII--Evaluating a client's capacity to perform relevant past work.

If the individual's overall severity rating is moderate (three) or marked (four) at this stage of the PEP and the agency or the agency's designee has not approved or denied the individual's application, then the agency or the agency's designee will decide if the individual can do the same or similar work as they have done in the past.  The agency or the agency's designee looks at the individual's current physical and/or mental limitations from cognitive, social, and vocational factors to make this decision.  Vocational factors are education, relevant work history, and age.

(1) The agency or the agency's designee evaluates education in terms of formal schooling or other training that would enable the individual to meet job requirements.  Education is classified as:

If the individual:

Then the individual's  education level is

 a.    Can’t read or write a simple communication, such as two sentences or a list of items.

Illiterate.

 b.    Has no formal schooling or vocational training beyond the eleventh grade; or

 c.    Has participated in special education in basic academic classes of reading, writing, or mathematics in high school.

Limited education

 d.    Has received a high school diploma or general equivalency degree (GED); or

 e.    Has received skills training and was awarded a certificate, degree or license.

High school and above level of education.

(2)  The agency or the agency's designee evaluates the individual's work experience to determine if they have relevant past work. 

"Relevant past work" means work that:

(a)  Is defined as gainful employment per WAC 182-508-0015;

(b)  Has been performed in the past five years; and

(c)  The individual performed long enough to acquire the knowledge and skills to continue performing the job.  The individual must meet the specific vocational preparation level as defined in Appendix C of the Dictionary of Occupational Titles.

(3)  For each relevant past work situation that the individual had, the agency or the agency's designee determines:

(a)  The exertion or skill requirements of the job; and

(b)  Current cognitive, social, or nonexertion factors that significantly limit the individual's ability to perform past work.

(4)  After considering vocational factors, the agency or the agency's designee denies incapacity when the individual has:

(a) The physical and mental ability to perform past work, and there is no significant cognitive, social or exertion limitation that would prevent the individual from performing past work; or

(b)  Recently acquired specific work skills through completion of schooling or training, for jobs within the individual's current physical or mental capacities.

(5)  The agency or the agency's designee approves incapacity when the individual is fifty-five years of age or older and doesn't have the physical or mental ability to perform past work.

 

 

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. Enter the age rounded to the nearest full year.
  2. Enter each job from DSHS 14-050, Statement of Health, Education and Employment that is considered relevant past work.
  3. Use O*NET to get exertion and skill levels for the jobs the client has held.  According to the Department of Labor, O*Net has replaced the Dictionary of Occupational Titles.
  4. Compare the physical and mental requirements for each job with the person's current functional abilities, as identified in Steps V and VI.  If mental or non-exertional physical limitations prevent an individual from performing a job they were formerly capable of doing, indicate that the person cannot do this job and document the specific reason.

EXAMPLE

A client is advised not to work in high places because of a seizure disorder.  This would prevent the client from returning to past work as a roofer, but the client could perform past work as a retail clerk.


  1. Deny incapacity when a person has recently completed a vocational training or gained work skills that they can currently use to perform a job.
  2. Deny incapacity when a person is able to do relevant past work.
  3. Approve incapacity when a person is 55 years old or older and is unable to perform relevant past work, or has no relevant past work.
Modification Date: November 15, 2011