Print
WACs > Title 388 > Chapter 388-449 > Section 388-449-0100
388-449-0080
388-449-0150
Agency filings affecting this section
WAC 388-449-0100
Sequential evaluation process step VâHow 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 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 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. [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. WSR 12-10-042, § 388-449-0100, filed 4/27/12, effective 6/1/12.]
