WAC 388-447-0070

Effective January 1, 2014

WAC 388-447-0070 Progressive evaluation process step V — How does the department determine the impact of a mental impairment on my ability to function in a work environment?

If you have a mental impairment, we evaluate your cognitive and social functioning in a work setting. "Functioning" means your ability to perform typical tasks that would be required in a routine job setting and your ability to interact effectively while working.

  1. We evaluate cognitive and social functioning by assessing your ability to:
    1. Understand, remember, and persist in tasks by following very short and simple instructions.
    2. Understand, remember, and persist in tasks by following detailed instructions.
    3. Perform activities within a schedule, maintain regular attendance, and be punctual within customary tolerances without special supervision.
    4. Learn new tasks.
    5. Perform routine tasks without special supervision.
    6. Adapt to changes in a routine work setting.
    7. Make simple work-related decisions.
    8. Be aware of normal hazards and take appropriate precautions.
    9. Ask simple questions or request assistance.
    10. Communicate and perform effectively in a work setting.
    11. Complete a normal workday and workweek without interruptions from psychologically based symptoms.
    12. Set realistic goals and plan independently.
    13. Maintain appropriate behavior in a work setting.
  2. We approve incapacity when we have objective medical evidence that demonstrates you are:
    1. At least moderately impaired in your ability to understand, remember, and persist in tasks following simple instructions, and at least moderately limited in your ability to:
      1. Learn new tasks;
      2. Be aware of normal hazards and take appropriate precautions; and
      3. Perform routine tasks without undue supervision; or
    2. At least moderately impaired in your ability to understand, remember, and persist in tasks following complex instructions; and at least markedly limited in your ability to:
      1. Learn new tasks;
      2. Be aware of normal hazards and take appropriate precautions; and
      3. Perform routine tasks without undue supervision.
  3. We approve incapacity when you are moderately impaired in your ability to:
    1. Communicate and perform effectively in a work setting; and
    2. Markedly impaired in your ability to maintain appropriate behavior in a work setting.

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.