Current through Register Vol. 48, No. 38, September 20, 2024
a) For the purpose
of determination of the degree of significance of disability , functional
capacities shall include:
1) mobility - the
physical ability of an individual to move from place to place and move the body
into certain positions. This includes such activities as: walking, climbing,
kneeling, stooping, sitting, standing, and similar activities;
2) self-care - the ability of an individual
to perform activities related to his or her health and hygiene. This includes
such activities as: grooming, bathing, eating, house keeping, medical
management, and money management;
3) self-direction - the ability of an
individual to organize, control and regulate his or her own personal, social,
and work life. This includes such activities as: maintaining schedules and
routines, following directions and established rules, organizing activities for
oneself, and adjusting to changing circumstances;
4) work skills - the ability of an individual
to demonstrate skills necessary to perform jobs that exist in the current
employment market, regardless of demand for the particular occupation or the
individual's prior work experience. This includes such activities as: learning
and maintaining work skills, cooperating with others in a work setting, using
adequate decision making and problem solving skills, and using academic skills
commonly required in the workplace;
5) work tolerance - the ability of an
individual to consistently and adequately perform a job based on the physical,
emotional, environmental, and psychological demands of a specific work
environment. This includes such activities as: maintaining performance on the
job regardless of changes in environment such as cold and heat, demonstrating
the strength and endurance to perform the job in question, and working the
schedule typical of other employees in the same job;
6) interpersonal skills - the ability of an
individual to establish and maintain appropriate relationships with other
individuals in the work place. This includes such activities as: engaging in
necessary work-related communications, demonstrating behavior that is
appropriate and acceptable in the work environment, cooperating with others in
a team setting, and showing understanding and tact in dealing with others;
and
7) communication - the ability
to convey and receive information efficiently and effectively. This includes
such activities as: hearing and understanding ordinary spoken language; making
one's self understood in ordinary conversation; writing or printing short notes
and communications; and reading and correctly interpreting short notes, signs,
and instructions.
b) A
serious limitation to a functional capacity shall exist when it is determined
by the rehabilitation counselor or instructor that the customer, because of his
or her disability, has functional limitations in performing the major
components of the activity or activities listed in subsections (a)(1) through
(7) or needs accommodation to perform the activity.
c) The rehabilitation counselor or instructor
shall use the criteria of consistency and substantiality when evaluating the
degree of limitation to functional capacity. Consistency means that the
individual's disability always or almost always limits the individual's
functioning. Substantiality means the individual's disability has a major,
significant impact on functioning and that the individual cannot perform the
activity or finds it very difficult to perform the activity.
