TN 38 (09-15)
DI 28030.030 Development of Vocational Evidence
A. Consideration of vocational factors
The disability examiner (DE) must consider vocational factors in Title II and adult Title XVI cases when a continuing disability issue cannot be resolved on medical factors alone. The guides for developing vocational information in initial cases apply to continuing disability review (CDR) cases. DEs should develop both education and training acquired after disability onset, as they may be relevant to the determination.
In certain cases:
A return to work, and substantial gainful activity, does not provide a basis for cessation in Title II cases.
A continuance or cessation determination cannot be made on medical grounds alone (including consideration of medical improvement).
In these cases it is necessary to determine whether individuals can perform past relevant work and, if not, what other work they can do that exists in significant numbers in the national economy.
B. Vocational development
Many cases allowed based on medical considerations alone often show minimal vocational development. Therefore, it may be necessary to obtain a full description of the individual's work history for the 15 years prior to the point at which the continuing disability issue arose.
Vocational therapy is an exception to the medical improvement review standard (MIRS). Consider whether additional education or training received since the comparison point decision (CPD) falls under the vocational therapy exception. Vocational development must be complete enough to determine whether the education or training focused on a specific type of job(s).