TN 48 (10-24)

DI 28020.150 Group I Exception - Vocational Therapy

A. Introduction to the vocational therapy exception

Vocational therapy (related to the individual's ability to work) includes any additional education, training, or work experience since the comparison point decision (CPD) that improves the individual's ability to meet the vocational requirements of more jobs. The vocational therapy may be vocationally significant if it prepares an individual to do a specific job or provides background to do a number of jobs in the same field. The vocational therapy exception considers vocational concepts rather than medical concepts to relate medical improvement (MI) to the ability to work. If the vocational therapy did not improve the individual’s ability to meet the vocational requirements of more jobs, do not apply the exception.

The vocational therapy exception considers vocational factors performed in the program. A medical determination or decision is made considering this evidence, in addition to any new medical evidence and a new residual functional capacity assessment.

If the vocational therapy did not improve the individual’s ability to meet the vocational requirements of more jobs, do not apply the exception.

B. When the vocational therapy exception applies

This exception applies when the criteria in DI 28020.150A are met. The additional education or training is focused on a specific job type or the education or training completed is sufficient to apply a different vocational rule, resulting in the ability to meet the vocational requirements of more jobs.

NOTE: If vocational therapy is in progress or is not complete at the time of the review, do not apply the vocational therapy exception; document this information in an SSA-5002 Report of Contact or a case note in the disability case processing system (DCPS) imaged to disability determination explanation (DDE).

C. How to apply the vocational therapy exception

1. Development

  • Obtain documentation of the type of vocational education, training or work experience the individual received since the CPD. This information may be designated on the SSA-454. Some examples of documentation that may be received from a vocational therapy program include, but are not limited to:

    • records from the educational or training facility;

    • progress reports or notes from vocational rehabilitation sessions; or

    • a certificate of completion of an education program (such as a degree or training certificate)

  • Include information about the nature, extent, type, and relevance of the education, training, or work experience.

  • Use the available information to determine whether the vocational therapy improved the individual's ability to perform and meet the skill and ability requirements of more jobs.

NOTE: Do not apply the vocational therapy exception if evidence is not sufficient to determine if the vocational therapy has resulted in the individual's improved ability to meet the vocational requirements of more jobs.

2. Documentation sample for vocational therapy

If the information required in DI 28020.150C.1. is not in the file, consider contact with a third party if one is available as defined in DI 23007.001C.

If the source is a non-medical source (see DI 24503.020) or entity identified by the individual, follow the guidelines in for requesting assistance in obtaining detailed information relating to the vocational therapy performance, see DI 22505.008 B.5. The individual may be a job or training coach, rehabilitation counselor, or other party that closely worked with the individual during the course of the individual's training to obtain detailed information relating to the vocational therapy performance.

If additional documentation is obtained, this information can be recorded in an SSA-5002 Report of Contact or a case note in DCPS imaged to the DDE.

Example: After the CPD, a Title II beneficiary completed specialized training to repair small appliances. The individual provided the name of the rehabilitation program and course and provided contact information for the instructor on the SSA-454. The adjudicator contacted the instructor and obtained information regarding the length of the course, the content and nature of the training, the names of specific small appliances that the individual learned about and practiced repair of in the training environment, and a description of the individual's performance in the program. The instructor verified that the individual successfully completed the program and demonstrated a level of understanding that could be applied to vocational settings in the field. The adjudicator documented this information in an SSA-5002 Report of Contact.

3. Consideration of function demonstrated in a vocational therapy program

If the individual engaged in a vocational-based therapy, treatment, or rehabilitative program, the adjudicator may consider any activities performed in the vocational therapy program when evaluating an individual’s function.

For certain beneficiaries, if part of the vocational therapy or rehabilitation program involved work for pay or profit, the adjudicator will not be able to consider the physical or mental activities performed in that work when evaluating function as evidence whether disability has ceased. Specifically, if a beneficiary has received Title II benefits for at least 24 months, the adjudicator cannot consider activities the beneficiary performed in work for pay or profit during the current period of entitlement based on disability in order to find that disability has ceased. The same guidelines and criteria in the advances in vocational therapy or technology exception apply when evaluating activities performed in work for pay or profit as part of a vocational therapy program while an individual is currently receiving disability benefits.

For instructions on considering activities performed in work during a vocational program, see DI 28020.100D.2.a.

For instructions on considering activities performed in a vocational program that did not involve work for pay or profit, see DI 28020.100D.2.b.

4. Decision

Apply the vocational therapy exception if all of the following criteria are met:

  • MI has NOT occurred or MI is NOT related to the ability to work;

  • evidence shows that the individual has received vocational therapy; and

  • the additional vocational education or training, or work experience completed since the CPD has improved the individual’s ability to meet the vocational requirements of more jobs.

If the exception applies, the adjudicator must proceed to step 6 of the adult continuing disability review (CDR) sequential evaluation process.

If a cessation is supported after applying the exception and following sequential evaluation, enter cessation code “03” for a Title II case or “52” for a Title XVI CDR case in Item 11 of the SSA-832 or SSA-833, see DI 28084.015B.3.a.

D. Additional considerations for the vocational therapy exception

  • When this exception applies at step 5, it is not sufficient by itself to find an individual capable of engaging in substantial gainful activity (SGA). Continue to the next step of the adult CDR sequential evaluation process.

  • Do not confuse this exception with the 301 work incentives provision. Under the 301 provision, if the individual is participating in an approved vocational rehabilitation program, then disability benefits may continue even though the disability has ceased. See DI 28001.040 Cases with Vocational Rehabilitation (VR) Involvement (301 Cases).

  • If disability continues but the individual is currently receiving training or education, consider a vocational diary as described in DI 26525.050.

E. Exclusions to the vocational therapy exception

This exception does not apply to:

  • Title XVI claims where the recipient is eligible under section 1619;

  • cases where the individual has been eligible under section 1619 within the last 12 months, which in concurrent Title II and Title XVI cases, could result in cessation on Title II and simultaneous continuance in Title XVI;

  • Title XVI child cases; or

  • Cases meeting all of the following criteria:

    • the individual’s impairment(s) met or equaled a listing at the CPD, and

    • MI has occurred but MI is not related to the ability to work because the individual’s impairment(s) continues to meet or equal the CPD listing, and

    • the individual’s ability to do basic work activities has improved due to vocational therapy.

F. Examples of the vocational therapy exception

1. Vocational therapy exception applies

CPD: An individual with an inability to read or write was allowed based on medical and vocational factors.

CDR decision: The individual obtained additional education and now is able to read and write.

Explanation: The additional education is sufficient to apply a different vocational rule, therefore the exception applies. The adjudicator will apply the vocational therapy exception then proceed to the next step in the adult CDR sequential evaluation process. For additional information on applying the medical-vocational guidelines, see DI 25025.005B.1.

2. Vocational therapy exception applies

CPD: An individual was allowed on a medical-vocational basis at the CPD because of the inability to perform other work due to physical impairments. The individual's impairment limited the individual to a sedentary level of exertion. The individual had previous work that required a medium level of exertion. Considering the individual’s age, education, and work history, a sedentary residual functional capacity (RFC) resulted in an allowance.

CDR decision: The current evidence shows no MI. The individual can still complete sedentary work. Since the last favorable decision, the individual completed a specialized training course that qualified them for a job in data processing as a computer programmer.

Explanation: The additional education has an impact on the individual's vocational profile and is focused on a specific type of job. Therefore, the vocational therapy received is related to the ability to work and this exception applies. Even though there is no change in the individual's functional capacity, the individual is now able to engage in SGA, as the work of a computer programmer is sedentary in nature and does not exceed the individual's RFC. The adjudicator will apply the exception and proceed to the next step in the adult CDR sequential evaluation process.

3. Vocational therapy exception does NOT apply

CPD: An individual with a high school education was allowed based on medical and vocational considerations.

CDR decision: After the CPD, the individual attended a two-week online training program for business and received a general completion certificate, but did not receive a certificate specific to a particular skill. The education covered multiple subjects in a relatively short period and was not specific to a particular job or skill set. The individual attempted to work part time for approximately two months in a retail setting and ultimately stopped working due to their limitations from their impairments.

Explanation: This exception does not apply because the additional education is not related to the ability to work. The education is not focused on a specific type of job or skill set resulting in the ability to meet the vocational requirements of more jobs.

G. References

DI 25015.010 Education as a Vocational Factor

DI 25015.015 Work Experience as a Vocational Factor

DI 28020.100 Group I Exception - Advances in Medical or Vocational Therapy or Technology


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DI 28020.150 - Group I Exception - Vocational Therapy - 10/22/2024
Batch run: 10/22/2024
Rev:10/22/2024