Wash. Admin. Code § 388-449-0100

Current through Register Vol. 24-21, November 1, 2024

Section 388-449-0100 - Sequential evaluation process step V - How does the department evaluate if I can perform other work when determining disability?

If we decide you cannot do work that you have done before, we consider your age, education, and other factors to decide if you have the residual functional capacity to perform other work.

(1) We evaluate education in terms of formal schooling or other training to acquire skills that enable you to meet job requirements. We classify education as:

If you	Then your education level is
(a) Can't read or write a simple communication, such as two sentences or a list of items.	Illiterate
(b) Have no formal schooling or vocational training beyond the sixth grade.	Marginal education
(c) Have no formal schooling or vocational training beyond the eleventh grade; or (d) Had participated in special education in basic academic classes of reading, writing or mathematics in high school.	Limited education
(e) Have received a high school diploma or general equivalency degree (GED) and don't meet the special education definition in (d) above; or (f) Have received skills training and were awarded a certificate, degree or license.	High school and above level of education

(2) We approve disability when you have a moderate, marked, or severe physical health impairment and you meet the criteria below:

Exertional level	Your age	Your education level	Work history	Nonexertional and functional limitations
Restricted to less than sedentary	Any age	Any level	Does not apply	Does not apply
Restricted to sedentary	Any age	Any level	Does not apply	You have nonexertional or functional impairments that preclude all sedentary work
Restricted to sedentary	Fifty and older	Any level	Does not apply	Does not apply
Restricted to sedentary	Forty-five and older	Marginal education, illiterate, or unable to communicate in English	Unskilled or none	Does not apply
Restricted to light	Any age	Any level	Does not apply	You have nonexertional or functional impairments that preclude all sedentary work
Restricted to light	Fifty and older	Marginal education or unable to communicate in English	Does not apply	Does not apply

(3) We approve disability when you have a moderate, marked, or severe mental impairment and you meet the criteria below:

Your age

Your education

Work history

Social and cognitive limitations

Any age

Any level

Substantial loss of ability to:

Understand, remember, and persist in tasks by following very short and simple instructions;

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

Perform routine tasks without special supervision;

Adapt to changes in a routine work setting;

Make simple work-related decisions;

Be aware of normal hazards and take appropriate precautions;

Ask simple questions or request assistance;

Communicate and perform effectively in a work setting;

Complete a normal workday and workweek without interruptions from psychologically based symptoms; or

Maintain appropriate behavior in a work setting.

Fifty and older

Any level

Substantial loss of ability to:

Understand, remember, and persist in tasks by following detailed instructions;

Set realistic goals and plan independently; or

Learn new tasks.

(4)"Substantial loss of ability" means you are not able to perform the particular activity in regular competitive employment or outside of a sheltered work setting.

(5) We approve disability when you have both mental and physical impairments, with an overall severity that is moderate, marked, or severe, and you meet the criteria below:

Your age	Your education level	Exertional level	Social and cognitive limitations	Other vocational factors
Any age	Any level	Restricted to light or less	You have a substantial loss of ability to: Communicate and perform effectively in a work setting; or Maintain appropriate behavior in a work setting.	No transferable skills to work level
Fifty or older	Limited education or unable to communicate in English	Restricted to light or less	Does not apply	No transferable skills to work level
Any age	Marginal education, illiterate, or unable to communicate in English	Restricted to medium or less	You have a substantial loss of ability to: Communicate and perform effectively in a work setting with limited public contact; or Maintain appropriate behavior in a work setting.	No transferable skills to work level

(6) If you don't 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 disability; and

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

(7) If there are no jobs you can do in the national economy despite your impairment(s), we approve disability.

Wash. Admin. Code § 388-449-0100

Statutory Authority: RCW 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08A.100, 74.04.770, 74.04.0052, 74.04.655, 74.08.043, 74.08.335, and 2011 1st sp.s. c 36. 12-10-042, § 388-449-0100, filed 4/27/12, effective 6/1/12.