Vocational Information and Analysis at Step Four of the Sequential Evaluation Process

• Author: Thomas E. Bush/David A. Morton III/David Traver/Sarah H. Bohr/Curtis J. Fisher/Kimberly V. Cheiken
• Pages: 503-532

Social Security Disability

Advocate’s Handbook

David Traver

SOCIAL SECURITY DISABILITY COLLECTION

James’ Best Materials

16-504

Chapter 16

Vocational Information and Analysis at

Step Four of the Sequential Evaluation Process

§1600 Vocational Evidence at Step Four of the Sequential Evaluation Process

§1600.1 Regulatory Framework Under the “Expedited Process”

§1600.2 The 2012 Changes to the Regulatory Framework at Step Four

§1601 Burdens at Step Four

§1602 Reliable Vocational Evidence at Step Four

§1603 Rulings About Step Four

§1604 Note and Caveat — Steps One and Four of the Sequential Evaluation Process

§1605 Past Relevant Work — Defining It and Identifying It

§1605.01 Practice Tip: Earning Limits

§1605.02 Practice Tip: Protracted Litigation and the 15-Year Rule

§1605.1 Work Experience Must Have Been SGA Before it Becomes Past Relevant Work

§1605.2 Employees

§1605.3 Non-Sheltered Earnings and the Earnings Guidelines

§1605.4 “Comparability of Work” and “Worth of Work”

§1605.5 Sheltered Earnings and Non-Monetary Tests of SGA

§1605.6 Detailed Earnings Queries (DEQYs)

§1605.7 Self-Employed Individuals

§1605.8 Past Relevant Work Performed in a Foreign Country

§1605.9 Job Training and Employment Programs/Volunteer Programs

§1605.10 Self-Employment by Persons Who Are Blind

§1606 Duration as an Element of Past Relevant Work

§1606.1 Example — Duration

§1606.2 Sporadic, “Off-and-On,” and Brief Work Attempts

§1606.3 Unsuccessful Work Attempts

§1606.4 Trial Work Periods

§1607 Recency

§1608 The Past Relevant Work Does Not Actually Have to Exist

§1608.1 Past Relevant Work Barred by Inability to Pass a Drug Test

§1609 Past Relevant Work “As Performed” and “As Generally Performed”

§1610 SSR 82-61 and Past Relevant “Kind of Work”

§1611 Exceptions to Using the DOT to Define Jobs “As Usually Performed”

§1612 Composite Jobs

§1613 Past Relevant Work Performed in a Foreign Country

§1614 Using the DOT to Define Past-Relevant “Kind of Work”

§1615 Sources of Information About Functional Demands and Job Duties “As Performed”

§1615.1 Form: Transferable Skills Worksheet — Sources of Information About Functional Demands and Job

Duties “As Performed”

§1615.2 Practice Tip: Complexities in Job Classification

§1616 Classifying Past Relevant Work: Defining Past Relevant Work “As Performed” and “As Generally Performed” and

Using the Claimant’s RFC to Make the Step-Four Determination — A Comprehensive Example

§1616.1 Comprehensive Example — Conclusion

§1617 Form: Information Required to Perform a Step-Four Analysis

§1618 Form: Pre-Hearing Memorandum to Administrative Law Judge