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

• Author: David Traver
• Pages: 25-72

16-1

Chapter Sixteen

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

Social Security Disability Advocate’s Handbook 16-26

§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 Per-

formed” and Using the Claimant’s RFC to Make the Step-Four Determination — A Comprehensive Ex-

ample

§1616.1 Comprehensive Example — Conclusion

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

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

16-27 Vocational Information and Analysis at Step Four of the Sequential Evaluation Process §1600

§1600 Vocational Evidence at Step

Four of the Sequential

Evaluation Process

This chapter addresses the technical consider-

ations inherent in making a step-four determination,

and it suggests strategies that representatives may use

to assist agency adjudicators in fully and fairly devel-

oping the record to ensure that step-four determina-

tions are not based on the improper classification of

past relevant work. The entire step-four process can be

divided into the following four distinct phases:

1. Correctly classifying past work activity as

past relevant work (PAST RELEVANT

WORK);

2. Accurately defining the functional demands

and job duties of past relevant work “as actu-

ally performed” by the claimant;

3. Accurately defining the functional demands

and job duties of past relevant work “as gener-

ally performed” in the national economy; and

4. Accurately defining the claimant’s re-

sidual functional capacity (RFC) so as to

permit a function-by-function comparison

of the claimant’s RFC with the physical

and mental demands required in past rel-

evant work both “as performed” and “as

generally performed.”

NOTE: This chapter is intended to be used in conjunc-

tion with Chapter 19 — Transferability Analysis.

§1600.1 Regulatory Framework

Under the “Expedited

Process”

Under the Social Security Act as amended, “An

individual shall be determined to be under a disability

only if his physical or mental impairment or impair-

ments are of such severity that he is not only unable

to do his previous work.” 42 U.S.C. § 423 (d)(2)(A).

http://www.ssa.gov/OP_Home/ssact/title02/0223.htm.

The regulations placed this analysis in step four of the

sequential evaluation process and explained step four in

great detail. For an overview of the Sequential Evalua-

tion Process, see Chapter 13.

(a) General. If you are applying for a pe-

riod of disability, or disability insurance

benefits as a disabled worker, or child’s

insurance benefits based on disability

which began before age 22, or widow’s

or widower’s benefits based on disabil-

ity for months after December 1990,

and we cannot decide whether you are

disabled at one of the first three steps

of the sequential evaluation process (see

§ 404.1520), we will consider your

residual functional capacity together

with your vocational background, as

discussed in paragraphs (b) and (c) of

this section.

(b) Past relevant work. We will first com-

pare our assessment of your residual

functional capacity with the physical

and mental demands of your past rel-

evant work.

(1) Definition of past relevant work.

Past relevant work is work that you

have done within the past 15 years,

that was substantial gainful activ-

ity, and that lasted long enough

for you to learn to do it. (See §

404.1565 (a).)

* * *

(3) If you can do your past relevant

work. If we find that you have the re-

sidual functional capacity to do your

past relevant work, we will deter-

mine that you can still do your past

work and are not disabled. We will

not consider your vocational factors

of age, education, and work experi-

ence or whether your past relevant

work exists in significant numbers in

the national economy.

(c) Other work.

(1) If we find that your residual func-

tional capacity is not enough to

enable you to do any of your past

relevant work, we will use the same

residual functional capacity assess-

ment we used to decide if you could

do your past relevant work when we

decide if you can adjust to any other

work. We will look at your ability

to adjust to other work by consider-

ing your residual functional capacity