TN 2 (08-15)
DI 28090.085 Rationale Content - Ability to Perform Other Work - Continuance
Citation: 20 CFR 404, Subpart P, Appendix 2
A. Discussion of other work in the rationale (continuance)
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 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.
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.
If the special medical-vocational profiles are not the basis for the determination, then 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 and work experience, and remaining occupational base. 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, indicate that we considered transferability of skills. Similarly, when the individual has recently completed educational courses, there must be a statement showing that education would not provide for direct entry into skilled work.
In applying the voc-rules, do 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)) explain why the cited rule is appropriate to the case.