WAC 182-508-0080 PEP Step V--Determining level of function of mentally impaired individuals in a work environment.

If an individual has a mental impairment, the agency or the agency's designee evaluates the individual's cognitive and social functioning in a work setting.  "Functioning" means an individual 's ability to perform typical tasks that would be required in a routine job setting and the individual's ability to interact effectively while working.

(1)  The agency or the agency's designee evaluates cognitive and social functioning by assessing the individual's ability to:

(a)  Understand, remember, and persist in tasks by following very short and simple instructions.

(b)  Understand, remember, and persist in tasks by following detailed instructions.

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

(d)  Learn new tasks.

(e)  Perform routine tasks without special supervision.

(f)  Adapt to  cahnges in a routine work setting.

(g)  Make simple work-related decisions.

(h)  Be aware of normal hazards and take appropriate precautions.

(i)  Ask simple questions or request assistance.

(j)  Communicate and perform effectively in a work setting.

(k)  Complete a normal workday and workweek without interruptions from psychologically based symptoms.

(l)  Set realistic goals and plan independently.

(m)  Maintain appropriate behavior in a work setting.

(2)  The agency or the agency's designee approves incapacity when it has objective medical evidence, including a mental status exam (MSE) per WAC 182-508-0050, that demonstrates the individual is:

(a)  At least moderately impaired in their ability to understand, remember, and persist in tasks following simple instructions, and at least moderately limited in their ability to:

(i)  Learn new tasks;

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

(iii)  Perform routine tasks without undue supervision; or

(b)  At least moderately impaired in the ability to understand, remember, and persist in tasks following complex instructions; and at least markedly limited in the ability to:

(i)  Learn new tasks;

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

(iii)  Perform routine tasks without undue supervision.

(3)  The agency or the agency's designee approves incapacity when the individual is moderately (rated three) impaired in their ability to:

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

(b)  Markedly (rated four) impaired in their ability to maintain appropriate behavior in a work setting.