Incapacity Determination - PEP Step VIII
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Incapacity Determination - PEP Step VIII

Revised December 12, 2011

Evaluating a client's capacity to perform other work
WAC 182-508-0110PEP Step VIII-Evaluating a client's capacity to perform other work. (Emergency rule effective 11/1/11.)

WAC 182-508-0110

WAC 182-508-0110

Effective October 14, 2012

WAC 182-508-0110 PEP Step VIII-Evaluating a client's capacity to perform other work.

If the individual decides they cannot do work that they've done before, then the agency or the agency's designee decides if the individual can do any other work.

(1)  The agency or the agency's designee approves incapacity if the individual has a physical impairment and meets the vocational factors below:

 Highest Work Level Assigned by the Practitioner

 Age

 Education Level

Other Vocational Factors 
Sedentary  Any age  Any level Does not apply
 Light  50 and older  Any level  Does not apply
 Light  35 and older  Illiterate or LEP  Does not apply
  Light  18 and older  Limited Education   Does not have any past work
 Medium  50 and older  Limited Education  Does not have any past work

(2)  The agency or the agency's designee approves incapacity when the individual has a moderate (three) or marked (four) mental health impairment and the agency or the agency's designee has objective medical evidence, including a mental status example (MSE) per WAC 182-508-0050, that demonstrates social or cognitive factors described in WAC 182-508-0080, interfere with working as follows:

Social and Cognitive Limitation  

 Age

 (a)  Moderately impaired (rated three) in the individual's ability to:

      (i)  Communicate and perform effectively in a work setting; and

      (ii)  Maintain appropriate behavior in a work setting.

 50 years and older

 (b)  The individual is severely impaired in their ability to:

      (i)  Understand, remember, and persist in tasks following detailed instructions;

      (ii)  Set realistic goals and plan independently; or

     (iii)  Learn new tasks.

 

 45 years and older

 (c)  The individual is severely impaired in their ability to:

      (i)  Understand, remember, and persist in tasks by following very short and simple instructions:

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

      (iii) Perform routine tasks without special supervision;

      (iv)  Adapt to changes in a rountine work setting;

      (v)  Make simple work-related decisions;

      (vi)  Be aware of normal hazards and take appropriate precautions;

      (vii)  Ask simple questions or request assistance;

      (viii)  Communicate and perform effectively in a work setting;

      (ix)   Complete a normal workday and work week without interruption from
        psychologically-based symptoms; or

      (x)  Maintain appropriate behavior in a work setting. 

     

 

 Any age

(3)  The agency or the agency's designee approves incapacity when the individual has both mental and physical impairments with at least a moderate overall severity and the agency or the agency's designee has objective medical evidence, including a mental status exam (MSE) per WAC 182-508-0050, that demonstrate social or cognitive factors, as described in WAC 182-508-0080 that interfere with work as follows:

 Age

Education 

 Other Restrictions
 Any age  Any level

 (a)  The individual is moderately impaired in their ability to communicate and perform effectively in a work setting.
 50 or older  Limited education or less  (c)  Restricted to medium work or less.
 Any age   Limited education or less  (d)  Restricted to light work level or less.

(4)  The agency or the agency's designee denies incapacity if the agency or the agency's designee decides the individual doesn't meet the criteria listed above.

 

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

  1. Completion of high school by attendance in a special education curriculum in the basic academic classes of math, English and writing is considered limited education.  Classes for non-academic reasons such as speech therapy and interpersonal relationships are not to be considered special education or limited schooling.
  2. High school education and above includes a non-English education if it otherwise meets the standards of a U.S.high school education.
  3. Approve MCS if the individual meets the criteria in the tables in WAC 182-508-0110.
Modification Date: December 12, 2011