WAC 388-447-0100

Effective January 1, 2014

WAC 388-447-0100 Progressive evaluation process Step VIII — How does the department determine ability to perform other work?

When we determine you cannot do work you have done in the past, we consider your age, education, and other factors to decide if you are able to perform other work.

1. We evaluate education in terms of formal schooling or other training acquired skills that enable you to meet job requirements. We classify your level of education as follows:

If you:

Then your education level is:

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

 Illiterate

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

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

Limited education 

d. Have received a high school diploma or high school equivalency certificate; or

e. Have received skills training and were awarded a certificate, degree, or license.

 

 High school and above level of education

 

2. We approve incapacity if you have a moderate or marked physical impairment and meet the criteria below:

Exertion Level

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

 

3. We approve incapacity when you have a moderate or marked mental health impairment and we have objective medical evidence that social or cognitive factors described in WAC 388-447-0070 interfere with work as follows:

Social and Cognitive Limitation

Age

a. Moderately impaired in your 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. Markedly impaired in your 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. Markedly impaired in your 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 routine 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

4. We approve incapacity when you have both a mental and physical impairment with at least a moderate overall severity and we have objective medical evidence that social or cognitive factors in WAC 388-447-0070 interfere with your ability to work as follows:

Age

Education

Other Restrictions

Any age

Any level

a. You are moderately impaired in your ability to communicate and perform effectively in a work setting.

50 or older

Limited education or less

b. You are restricted to medium exertion level or less.

Any age

Limited education or less

c. You are restricted to light exertion level or less.

5. If you do not meet the criteria listed above, and there are jobs you can do in the national economy, we will find you able to perform other work and take the following actions:

a. Deny incapacity; and

b. Give you examples of jobs you can do in the national economy despite your impairment(s).

6. It there are no jobs you can do in the national economy despite your impairment(s), we approve incapacity.

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.