TN 2 (08-15)
DI 28090.080 Rationale Content - Ability to Perform Other Work - Cessation
Citation: 20 CFR 404, Subpart P, Appendix 2.
A. Discussion of other work in the rationale (cessation)
The rationale’s medical-vocational discussion must contain the following findings of fact:
The individual's age. This is usually the alleged age, although the FO may develop proof of age. If other evidence, such as medical records, raised questions about the individual’s age, address how any material discrepancy was resolved.
The individual's education. This is usually the individual's allegation, absent evidence to the contrary.
The physical and mental demands of the individual's past relevant work (PRW) experience.
A statement indicating the individual’s residual functional capacity (RFC) does not permit performing any PRW.
Consideration of the special medical-vocational profiles discussed in DI 25010.001.
How the findings relate to an appendix 2 rule (commonly known as the “vocational rule(s)”, “voc-rule(s)”, or “grids”):
that directs a conclusion of “not disabled,” or
used as a framework; with a discussion of the vocational implications of RFC, age, education and work experience, remaining occupational base, and an explanation of why these factors show the ability to engage in other substantial gainful activity (SGA).
In addition to the findings of fact, when a finding of “not disabled” is based on:
transferable skills, the rationale must provide an assessment of those skills;
education that provides direct entry to skilled work, discuss the education that provides for direct entry; and
ability to do other unskilled work, it is not necessary to discuss transferable skills or education that provides for direct entry into skilled work.
B. Meeting a vocational rule
When a voc-rule providing for a finding of “not disabled” is met, the adjudicator must cite the specific rule in the rationale, but need not cite examples of jobs the individual can do, unless we base the determination on transferable skills or education that provides for direct entry into skilled work. For a rationale example, see DI 28090.300I.
C. Vocational rule used as a framework
When the voc-rules provide a “framework” to determine a finding of “not disabled”, the rational must contain either:
examples of jobs (usually three) the individual can do functionally and vocationally, and provide a statement of the incidence of such work in the region in which the individual resides or in several regions of the country, or
the Social Security Ruling (SSR) that supports finding a minimal or no effect on the occupational base.
For more information on using the voc-rules as a framework, see DI 25025.005C.