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How We Decide If You Are Disabled |
Information We Need About Your Work and Education
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FREQUENTLY ASKED QUESTIONS | Step 4: Can you do the work you did previously?
Step 5: Can you do any other type of work?
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What work activities can I do if I have a medical condition ? | If you have a medical condition(s) that affects your ability to work on a regular basis, but it is not as severe as any impairment described in the Listing of Impairments, we assess your “residual functional capacity” (RFC). This means we will look at all of the evidence we have and determine what you can still do, despite any limitations caused by your impairment(s) and related symptoms, such as pain and fatigue. When we assess your remaining ability to do basic work-related activities, we look at how your medical condition(s) has affected your ability to:
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How do you decide whether I can do my past work ? | We look at the demands of your recent past work and compare them with our assessment of your remaining ability to do basic work activities. We only look at your past work that we consider relevant. This usually means work that:
If we decide the past work you did is relevant, we compare your capacity for work with:
In order to make these comparisons, we need a complete description of that work as you did it. After we make the comparison(s):
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What information do you need about my past work ? | We need the titles of all of your jobs in the past 15 years. We also need a description of the work you did. There are jobs with the same name but very different job duties. There are also jobs that have the same job duties but have different names. That is why a job title is not enough to describe your work. We need information about the:
We also need to know about any requirements of your past job(s) that caused you to change how you did your work or that you could not meet because of your medical condition(s). For example:
We want to know:
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What happens if you do not get the information you need ? | It is your responsibility to see that we get the information we need to determine whether you are disabled. If you do not provide the information we need about your medical condition(s) and your work history, we will deny your claim for disability. |
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What happens if you find I am able to do my past work, but I cannot get a job doing that work ? | We will find that you are not disabled. In our disability process, we evaluate your ability to do the physical and mental activities you were required to do in your past work. We do not consider whether you could get a job doing this work. For example, we do not consider:
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What do you consider when you decide if I can adjust to other work ? | If we decide you cannot do the work you did before, we consider your remaining ability to do other work considering your age, education and work experience. We assess these factors with your capacity to work to determine if you can be expected to adjust to other work that exists in the national economy. |
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How do you consider education ? | We consider how many years of school you have completed and whether you have completed any type of special job training, trade or vocational school when we assess your ability to adjust to other work. However, absence of formal education does not necessarily mean you are uneducated or limited in your ability to adjust to work. We will consider strong evidence that your educational achievement is higher or lower than the last grade you completed. We generally consider illiteracy and inability to communicate in English as an educational factor that limits an individual’s ability to adjust to other work. |
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How do you consider age ? | We consider your chronological age in combination with your residual functional capacity, education, and work experience. We will not consider your ability to adjust to other work on the basis of your age alone. In determining the extent to which age affects your ability to adjust to other work, we consider advancing age to be an increasingly limiting factor in your ability to make an adjustment to other work. If you are a younger person (under age 50), we generally do not consider that your age will seriously affect your ability to adjust to other work. However, in some circumstances, we consider that persons aged 45-49 are more limited in their ability to adjust to other work than persons who have not attained age 45. If you are closely approaching advanced age (age 50-54), we will consider that your age along with a severe impairment and limited work experience may seriously affect your ability to adjust to other work. We consider that at advanced age (age 55 or older) age significantly affects your ability to adjust to other work. We have special rules for persons in this category who are closely approaching retirement age (age 60 and above). |
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How do you consider my work experience ? | When we consider your ability to adjust to work you have not done before, we consider your vocational factors of residual functional capacity, age, educational and past work experience. For example, you may not be able to do the lifting required by your past work as an automobile mechanic. However, you may have the ability to adjust to other less strenuous work based on your residual functional capacity, age, education and past work experience. We may find that you could use your skills to be a carburetor mechanic, which is a less strenuous occupation. |
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How do you evaluate recent education that provides me skills I can use? | If you recently and successfully completed education or training that allows you to enter into a specific skilled or semiskilled occupation that you are physically and mentally able to do, we will find you are not disabled. For example, if you recently completed a formal program in which you gained the skills to become a chef and you are physically and mentally able to do that kind of work, we will find that you are not disabled. |
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How do you evaluate the effect of my age, education and work experience on my remaining capacity to work ? | In our regulations, we have tables of rules that we use as guides to evaluate how your age, education and work experience affect your remaining capacity for work. For example, a person with the following vocational profile would be found disabled according to our tables of medical-vocational guidelines: Capacity for work:
Age: 57 Education: High school education Work Experience: No skills that can be transferred to work he is physically able to do. However, if this individual had skills that could be used for work that is within his capacity and that exists in significant numbers in the national economy, we would find him not disabled. |
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Last reviewed or modified Monday Jan 14, 2008 |