Current through Register Vol. 35, No. 18, September 24, 2024
A.
General: The applicant's
capacity for work shall be determined by evaluating the severity of the
impairment(s) and by applicant's work-related factors with regarding to the
impact on the applicant's ability to perform basic work-related activities and
to engage in gainful employment.
B.
Capacity to perform basic work-related activities
(1)
Sedentary work: Sedentary
work involves lifting no more than ten pounds at a time and occasionally
lifting or carrying articles like docket files, ledgers and small tools.
Although a sedentary job is defined as one that involves sitting, a certain
amount of walking and standing is often necessary in carrying out job duties.
Jobs are sedentary if walking and standing are required occasionally and
sedentary standards are met.
(2)
Light work: Light work involves lifting no more than twenty
pounds at a time, with frequent lifting or carrying of objects weighing up to
ten pounds. Even though the weight lifted may be very little, a job is placed
in this category if it requires a good deal of walking or standing, or if it
involves sitting most of the time with some pushing and pulling of arm or leg
controls. To be considered capable of performing a full or wide range of light
work, an individual must have the ability to do substantially all of these
activities
(3)
Medium
work: Medium work involves lifting no more than 50 pounds at a time,
with frequent lifting or carrying of objects weighing up to 25
pounds.
(4)
Heavy
work: Heavy work involves lifting no more than 100 pounds at a time,
with frequent lifting or carrying of objects weighing up to 50
pounds.
(5)
Very heavy
work: Very heavy work involves lifting objects weighing more than 100
pounds at a time, with frequent lifting or carrying of objects weighing 50
pounds or more.
C.
Capacity for gainful employment: An applicant's verified
employment status shall be taken into consideration in determining disability
based on the type, nature, and duration of employment. Disability may still be
determined where the applicant is employed minimally or for rehabilitative
purposes.
(1)
Minimal
employment: An individual who is minimally employed may still be
considered disabled if the individual cannot reasonably be expected to be
self-supporting by at least the standard of need for the size of the benefit
group.
(2)
Rehabilitative
employment: Work made available to an individual through the interest or
compassion of others, or to rehabilitate an individual (as in a sheltered
workshop), but which would not ordinarily exist on the open labor market, shall
not be considered employment in a disability determination.
D.
Other work-related
factors: Other work-related factors may be considered to establish the
applicant's capacity to perform basic work-related activities and engage in
gainful employment, including but not limited to the following.
(1)
Language barriers: An
applicant's ability to speak, read and write in English.
(2)
Educational level:
(a)
Illiteracy: Inability to
read or write English. Illiterate individuals are considered suitable for the
general labor work force.
(b)
Marginal: Eight years of education or less. Marginally-educated
individuals are considered suitable for the semi-skilled work force.
(c)
Limited: Lack of a high
school diploma or GED, but more than eight years of education. Individuals with
limited education are considered suitable for the semi-skilled to skilled work
force.
(d)
High school, GED
and above: Indicates an individual's ability to compete in all levels of
the job market.
(e)
Training
program: Completion of training in a particular field of employment may
offset limited education in some instances.
(3)
Job experience: Experience
in a job field can overcome a lack of education, training or both. Jobs held in
the last ten years shall be considered. Work experience shall be evaluated
based on the type of work previously performed, the length of employment and
the potential for transferring the experience to other types of employment.
Inability to continue working in one's prior field of work does not constitute
a disability. Job experience is classified in the following categories.
(a)
General labor: Does not
require the ability to read or write.
(b)
Semi-skilled labor:
Requires a minimal ability to read, write and do simple calculations.
(c)
Skilled labor: Ability to
do work in which the ability to read, write and do calculations of a complex
nature is needed. Specialized training in the area is also
considered.
(4)
Appearance: An individual's appearance may not be heavily weighted in a
disability determination. On rare occasions, an impairment is disfiguring and
may interfere with employment.
(5)
Age: The older an individual is, the less potential there is for
overcoming an impairment. Recovery is more difficult and, often, total recovery
may not be achieved. There may be very little chance that the individual will
ever return to functioning effectively in his or her previous job
duties.