Appendices

• Author: Thomas E. Bush
• Pages: 461-656

A-1

Appendices

Appe ndix 1: Guide to Important Social Security Rulings and Acquiescence Rulings

Appendix 2: Sources of Information

Appendix 3: Dictionary of Occupational Titles

Appendix 4: Vocational Expert Self-Study Guide, Part 4, The Hearing

Appendix 5: Unskilled Sedentary Occupations

App endix 6: Phrasing Hypothetical Questions to Vocational Experts Training Guide

Appendix 7: Social Security Administration Telephone Numbers and Addresses

Appendix 8: Vocational Expert Handbook

Appendix 9: Medical Expert Handbook, pp. 8-36

Appendix 10: “Professional Responsibility and Social Security Representation:

The Myth of the State-Bar Bar to Compliance With Federal

Rules on Production of Adverse Evidence,” by Robert E. Rains,

92 Cornell Law Review 363 (2007), used with permission.

Appendix 11: Glossary

Appendix 12: Annual SSI, Medicare, COLA, SGA, TWP and Earnings for QC

Amounts Since 2000

Appendix 13: Memorandum: Fibromyalgia, Chronic Fatigue Syndrome,

and Objective Medical Evidence Requirement for Disability

Adjudication

SOCIAL SECURITY DISABILITY PRACTICE A-2

Appendix 1: Guide to Important Social Security Rulings and Acquiescence Rulings

This index consists of two parts. The first part is organized following the sequential evaluation process. The

second part deals with other issues arranged alphabetically. All current rulings and Acquiescence Rulings dealing

with disability issues are included.

Note that an Acquiescence Ruling, identified AR, applies only in the circuit in which the court decision was made.

The circuit number appears in parentheses following the number of the Acquiescence Ruling.

Part 1: The Sequential Evaluation Process

General:

· SSR 82-53 Basic Disability Evaluation Guides

· SSR 86-8 The Sequential Evaluation Process

Note: In both of the above rulings, discussion of determination of disability for SSI children no longer applies and

discussion of widow(er)s’ entitlement to Title II benefits has been superseded by SSR 91-3p.

Age 65 or Older:

· SSR 03-3p Evaluation of Disability and Blindness in Initial Claims for Individuals Age 65 or Older

Young Adults:

· SSR 11-2p Documenting and Evaluating Disability in Young Adults

Onset and Duration:

· SSR 82-52 Duration of the Impairment

· SSR 83-20 Onset of Disability

Step 1: Is the Claimant Engaged in Substantial Gainful Activity?

· SSR 76-4a Rebuttal of Presumption of Ability to Engage in Substantial Gainful Activity

· SSR 83-33 Determining Whether Work Is Substantial Gainful Activity-Employees

· SSR 83-34 Determining Whether Work Is Substantial Gainful Activity-Self Employed Persons

· SSR 83-35 Averaging of Earnings in Determining Whether Work Is Substantial Gainful Activity

· SSR 84-24 Determination of Substantial Gainful Activity for Persons Working in Special Circumstance—

Work Therapy Programs in Military Service—Work Activity in Certain Government Sponsored

Programs

· SSR 84-26 Deducting Impairment Related Work Expenses From Earnings in Determinations as to

Substantial Gainful Activity Under Titles II and XVI and as to Countable Earned Income Under

Title XVI

· SSR 94-1c Dotson v. Shalala, 1 F.3d 571 (7th Cir. 1993)—Illegal Activity as Substantial Gainful Activity

· SSR 05-02 Determination of Substantial Gainful Activity if Substantial Work Activity Is Discontinued or

Reduced—Unsuccessful Work Attempt

. SSR 12-1p Title II: Determining Whether Work Performed in Self-Employment by Persons Who Are Blind

Is Substantial Gainful Activity and Treatment of Income Resulting From the Randolph-Sheppard

Act and Similar Programs

Step 2: Is the Claimant’s Impairment “Severe”?

· SSR 85-28 Medical Impairments That Are Not Severe

· SSR 88-3c Bowen v. Yuckert, 482 U.S. 137 (1987)—Validity of the Severity of Impairment Regulation

· SSR 96-3p Considering Allegations of Pain and Other Symptoms in Determining Whether a Medically

Determinable Impairment Is Severe

A-3 APPENDIX

· SSR 96-4p Symptoms, Medically Determinable Physical and Mental Impairments, and Exertional and Non-

Exertional Limitations

Step 3: Does the Claimant’s Impairment(s) Meet or Equal an Impairment in the Listing of Impairments?

Medical Equivalence:

· SSR 90-5c Adams v. Bowen, 872 F.2d 926 (9th Cir. 1989), cert. denied, 110 S.Ct. 151 (1989)—Sections

216(i)(1)(B) and 223(c)(1) and (d)(1)(B) of the Social Security Act—Interpreting the Statutory

Blindness Provision

· SSR 96-6p Consideration of Administrative Findings of Fact by State Agency Medical and Psychological

Consultants and Other Program Physicians and Psychologists at the Administrative Law Judge

and Appeals Council Levels of Administrative Review; Medical Equivalence

Specific Impairments (Most of the following discuss RFC as well as the requirements for meeting the Listings):

· SSR 82-57 Loss of Speech

· SSR 87-6 The Role of Prescribed Treatment in the Evaluation of Epilepsy

· SSR 90-5c Blindness—Adams v. Bowen, 872 F.2d 926 (9th Cir. 1989) cert. denied, 493 U.S. 851 (1989)

· SSR 93-2p Evaluation of HIV Infection

· SSR 02-1p Evaluation of Obesity

· SSR 03-1p Development and Evaluation of Disability Claims Involving Post Polio Sequelae

· SSR 03-2p Evaluating Cases Involving Reflex Sympathetic Dystrophy Syndrome/Complex Regional Pain Syndrome

· AR 03-1(7) Blakes v. Barnhart, 331 F.3d 565 (7th Cir. 2003)—Court Cases Involving Sections 12.05 and

112.05 of the Listing of Impairments That Are Remanded for Further Proceedings

· SSR 06-1p Evaluating Cases Involving Tremolite Asbestos-Related Impairments

· SSR 07-1p Evaluating Visual Field Loss Using Automated Static Threshold Perimetry

· SSR 12-2p Evaluation of Fibromyalgia

· SSR 14-1p Evaluating Cases Involving Chronic Fatigue Syndrome (CFS)

· SSR 14-2p Evaluating Diabetes Mellitus

· SSR 14-3p Evaluating Endocrine Disorders Other Than Diabetes Mellitus

· SSR 15-1p Evaluating Cases Involving Interstitial Cystitis

· AR 15-1(4) Radford v. Colvin, 734 F.3d 288 (4th Cir.2013): Standard for Meeting Section 1.04A of the

Listing of Impairments—Disorders of the Spine with Evidence of Nerve Root Compression

Between Steps 3 and 4 – What is the Claimant’s RFC?

Determining Residual Functional Capacity:

· SSR 85-16 Residual Functional Capacity for Mental Impairments

· SSR 96-7p Evaluation of Symptoms in Disability Claims: Assessing the Credibility of an Individual’s

Statements

· SSR 96-8p Assessing Residual Functional Capacity in Initial Claims

Step 4: Is the Claimant Capable of Past Relevant Work?

Past Relevant Work:

· SSR 82-40 The Vocational Relevance of Past Work Performed in a Foreign Country

· SSR 82-61 Past Relevant Work—The Particular Job or the Occupation as Generally Performed

· SSR 82-62 A Disability Claimant’s Capacity to Do Past Relevant Work, In General

· SSR 05-01c Barnhart v. Thomas, 540 U.S. 20 (2003)—Whether Past Relevant Work Must Exist in

Significant Numbers in the Economy