TN 3 (09-21)

DI 28090.085 Rationale Content - Inability to Perform Past Relevant Work (PRW) or Other Work - Continuance

Citation: 20 CFR 404, Subpart P, Appendix 2

A. Discussion of PRW or other work in the rationale -continuance

The rationale’s medical-vocational discussion should contain, when appropriate, the following findings of fact:

  1. 1. 

    The individual's age. This fact is usually the alleged age, although the field office 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.

  2. 2. 

    The individual's education. This fact is usually the individual's allegation, absent evidence to the contrary.

  3. 3. 

    The physical and mental demands of the individual's PRW experience.

  4. 4. 

    A statement indicating the individual’s residual functional capacity (RFC) or mental residual functional capacity (MRFC) does not permit performing any PRW.

  5. 5. 

    Consideration of the special medical-vocational profiles discussed in DI 25010.001.

If the special medical-vocational profiles are not the basis for the determination, then the adjudicator must discuss how the findings support an appendix 2 rule (commonly known as the ”vocational rule(s),” “voc-rule(s),” or “grids”):

  • That directs a conclusion of “disabled,” or

  • That is used as a “framework” for the conclusion, with a discussion of the vocational implications of RFC, age, education, work experience, and the remaining occupational base. The adjudicator must explain why these factors show the inability to adapt to other work. For more information on using the voc-rule(s) as a framework, see DI 25025.005C.

When disability continues based on medical-vocational factors, and at least one of the individual’s past relevant jobs was skilled or semiskilled, the adjudicator must indicate that the Disability Determination Services (DDS) considered transferability of skills. Similarly, when the individual has recently completed educational courses, the adjudicator must include a statement showing that the DDS considered if education would provide for direct entry into skilled work.

In applying the voc-rules, the adjudicator must not consider the age factor mechanically in borderline situations. In addition, an individual's numerical educational grade level is not controlling in the presence of evidence to the contrary. When age or education grade level does not exactly match the cited voc-rule (for example: citing a rule applicable to an individual of advanced age (55+), when his or her chronological age is 54 years, 11 months (approaching advanced age)), the adjudicator must explain why the cited rule is appropriate to the case.

B. References


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0428090085
DI 28090.085 - Rationale Content - Inability to Perform Past Relevant Work (PRW) or Other Work - Continuance - 09/22/2021
Batch run: 09/29/2021
Rev:09/22/2021