If the vocational evidence in the file is insufficient to rule out the performance of PRW, FQRs must not apply POR and must classify the missing documentation as a group I vocational documentation deficiency, regardless of how limited the proposed RFC or mental residual functional capacity (MRFC) may be.
Careful review of all vocational evidence in file is necessary as what constitutes "insufficient vocational evidence" depends on the specific facts of the case under review.
EXCEPTION : The FQR should not cite a group I vocational documentation deficiency if the vocational expedite applies to the case under review as described in Expedited Vocational Assessment at Steps 4 and 5 of Sequential Evaluation DI
25005.005.
EXAMPLE 1. Insufficient Vocational Evidence to Rule out PRW:
The claimant is 55 years old and has a light RFC with frequent handling and fingering. The claimant's PRW as described in the Work History Report (SSA-3369-BK) describes light exertion work with job duties and activities consistent with the Dictionary of Occupational Titles (DOT) occupation of Assembler, Small Products II 739.687-030, which is generally performed in the national economy at the light, unskilled level with constant handling and fingering. On the SSA-3369, the claimant checks boxes indicating use of his fingers and hands to manipulate objects without detailing the number of hours he performed these activities. DDS allows the claim indicating the claimant cannot return to PRW due to handling and fingering limitations. Although the RFC precludes PRW as generally performed in the national economy, the job description provided by the claimant is insufficient to rule out PRW as actually performed. In this situation, POR should not be considered and cannot be applied because the evidence is insufficient to determine whether the claimant retains the ability to perform PRW as actually performed.
EXAMPLE 2. Insufficient Vocational Evidence to Rule out PRW:
The claimant is 57 years old and has an RFC representing a significantly eroded range of sedentary work indicating a limitation on standing and/or walking to a few minutes a day. The claimant’s PRW as listed in the SSA-3369 is “Forklift Driver,” without any further details regarding, job duties, activities, exertional requirements, or non-exertional requirements. The only information regarding PRW is the job title. DDS allows the claim indicating the claimant cannot do PRW due to the RFC representing a significantly eroded range of sedentary work. However, even though it is not necessary to evaluate ability to do work as it is generally performed in the national economy with such a restrictive RFC, sufficient information about the claimant’s PRW is required to evaluate ability to do PRW as actually performed before a policy compliant determination can be made (DI 22515.010B.3). In this situation, POR should not be considered and cannot be applied because the vocational evidence is insufficient to determine whether the claimant can return to PRW as actually performed.
EXAMPLE 3. Sufficient Evidence to Rule out PRW:
The claimant is 57 years old and has a light RFC. DDS allows the claim indicating the claimant cannot do PRW. The claimant's PRW as described in the SSA-3369 is consistent with the job duties and activities of the DOT occupation of Laborer, Stores 922.687-058, which is generally performed in the national economy at the medium, unskilled level. Although the SSA-3369 includes a description of the job duties and activities of the claimant’s PRW, it does not contain the weight lifted frequently or the heaviest weight lifted. However, in describing job duties the claimant indicated she would lift and carry "heavy 5-gallon buckets of paint." Although the claimant did not report specific weights required in performance of her PRW, the FQR knows a 5-gallon bucket of liquid weighs around 40 pounds. In this situation, POR should be applied since there is sufficient evidence to rule out the performance of PRW based on the light RFC limiting the claimant to lifting no more than 20 pounds at a time. Additional documentation to determine the weights lifted in performance of the claimant’s PRW would be unlikely to reverse the determination given the typical weight of 5-gallon buckets of paint.