Federal Old-Age, Survivors and Disability Insurance and Supplemental Security Income for the Aged, Blind, and Disabled; Determining Disability and Blindness; Clarification of ``Age'' as a Vocational Factor

Federal RegisterAug 4, 1999

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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Regulations No. 4 and 16]

RIN 0960-AE96

Federal Old-Age, Survivors and Disability Insurance and

Supplemental Security Income for the Aged, Blind, and Disabled;

Determining Disability and Blindness; Clarification of ``Age'' as a

Vocational Factor

AGENCY: Social Security Administration .

ACTION: Notice of proposed rulemaking .

-----------------------------------------------------------------------

SUMMARY: We propose to revise the Social Security and Supplemental

Security Income (SSI) disability regulations to clarify our

consideration of ``age'' as a vocational factor at the last step of our

sequential evaluation process for determining whether an individual is

disabled under title II or title XVI of the Social Security Act (the

Act). We also propose to amend our rules to better explain how we

consider transferability of skills for individuals who are of

``advanced age'' (age 55 or older) in deciding whether such

[[Page 42311]]

individuals can make an adjustment to other work.

DATES: To be sure that your comments are considered, we must receive

them no later than October 4, 1999.

ADDRESSES: Comments should be submitted in writing to the Commissioner

of Social Security, P.O. Box 17703, Baltimore, MD 21235-7703; sent by

telefax to (410) 966-2830, sent by E-mail to [email protected]; or

delivered to the Office of Process and Innovating Management, Social

Security Administration, 2109 West Low Rise Building, 6401 Security

Boulevard, Baltimore, MD 21235-6401, between 8 a.m. and 4:30 p.m. on

regular business days. Comments may be inspected during these same

hours by making arrangements with the contact person shown below.

FOR FURTHER INFORMATION CONTACT: Georgia E. Myers, Acting Regulations

Officer, Social Security Administration, 6401 Security Boulevard,

Baltimore, MD 21235, 1-(410) 965-3632 or TTY 1-(800) 988-5906 for

information about these rules. For information on eligibility or filing

for benefits, call our national toll-free number, 1-800-772-1213 or TTY

1-800-325-0778.

SUPPLEMENTARY INFORMATION:

Background

The Act provides, in title II, for the payment of disability

benefits to persons insured under the Act. Title II also provides for

the payment of child's insurance benefits for persons who become

disabled before age 22, and for the payment of widow's and widower's

insurance benefits for disabled widows, widowers, and surviving

divorced spouses of insured persons. In addition, the Act provides, in

title XVI, for SSI payments to persons who are aged, blind, or disabled

and who have limited income and resources.

For adults (including persons claiming child's insurance benefits

based on disability under title II), ``disability'' is defined in the

Act under both title II and title XVI as the ``inability to engage in

any substantial gainful activity by reason of any medically

determinable physical or mental impairment which can be expected to

result in death or which has lasted or can be expected to last for a

continuous period of not less than 12 months.'' Sections 223(d) and

1614(a) of the Act also state that an individual ``shall be determined

to be under a disability only if his physical or mental impairment or

impairments are of such severity that he is not only unable to do his

previous work but cannot, considering his age, education, and work

experience, engage in any other kind of substantial gainful work which

exists in the national economy, regardless of whether such work exists

in the immediate area in which he lives, or whether a specific job

vacancy exists for him, or whether he would be hired if he applied for

work.''

To implement the process for determining whether an individual is

disabled based upon this statutory definition, our regulations at

Secs. 404.1520 ad 416.920 provide for a five-step sequential evaluation

process as follows:

1. Is the individual engaging in substantial gainful activity? If

the individual is working and the work is substantial gainful activity,

we find that he or she is not disabled. Otherwise, we proceed to step 2

of the sequence.

2. Does the individual have an impairment or combination of

impairments that is severe? If the individual does not have an

impairment or combination of impairments that is severe, we find that

he or she is not disabled. If the individual has an impairment or

combination of impairments that is severe, we proceed to step 3 of the

sequence.

3. Does the individual's impairment(s) meet or equal the severity

of an impairment listed in appendix 1 of subpart P of part 404 of our

regulations? If so, and the duration requirement is met, we find that

he or she is disabled. If not, we proceed to step 4 of the sequence.

4. Does the individual's impairment(s) prevent him or her from

doing his or her past relevant work, considering his or her residual

functional capacity? If not, we find that he or she is not disabled. If

so, we proceed to step 5 of the sequence.

5. Does the individual's impairment(s) prevent him or her from

performing other work that exists in the national economy, considering

his or her residual functional capacity together with the ``vocational

factors'' of age, education, and work experience? If so, and if the

duration requirement is met, we find that the individual is disabled.

If not, we find that he or she is not disabled.

As discussed in Secs. 404.1569 and 416.969, at step 5 of the

sequential evaluation process we used the medical-vocational rules that

are set out in appendix 2 of subpart P of part 404. (By reference,

Sec. 416.969 provides that appendix 2 is also applicable to adults

claiming SSI payments based on disability.) In general, the rules in

appendix 2 take administrative notice of the existence of numerous,

unskilled occupations at exertional levels defined in the regulations,

such as ``sedentary,'' ``light,'' and ``medium.'' Based upon a

consideration of an individual's residual functional capacity, age,

education, and work experience, the rules either direct a conclusion as

to whether an individual is disabled at step 5 of the sequential

evaluation process or provide a framework for making a decision at this

step. Some rules in appendix 2 also direct a conclusion when an

individual has ``skills'' acquired from previous skilled or semiskilled

work that are ``transferable'' to other skilled or semiskilled work.

Our rules regarding age and skills are set out in Secs. 404.1563,

404.1568, 416.963, and 416.968. The rules and explanatory text of

appendix 2 of subpart ) of part 404 also provide guidance for

considering the vocational factors of age, education, and work

experience that supplement the information on consideration of these

vocational factors in Secs. 404.1560-404.1569a and 416.960-416.969a.

The revisions we are proposing would clarify a number of our rules

on the consideration of one of the vocational factors, ``age,'' in

Secs. 404.1563 and 416.963. They would also clarify in new

Secs. 404.1568(d)(4) and 416.969(d)(4) how we determine whether

individuals who are of ``advanced age'' (i.e., age 55 or older),

including individuals in a subcategory of advanced age called ``closely

approaching retirement age'' (i.e., age 60-64), have skills that are

transferable to other work.

Summary of Proposed Changes

Sections 404.1563 and 416.963 Your Age as a Vocational Factor

We propose to revise the first sentence of paragraph (a) of

Secs. 404.1563 and 416.963, ``General,'' to state more clearly that

``age'' means chronological age. We propose to do this because there

has been some misunderstanding about how we consider the vocational

factor of ``age'' at step 5 of the sequential evaluation process. In

current paragraph (a) we state, in part, that ``Age refers to how old

you are (your chronological age) * * *.'' We use an individual's

chronological age when we use the medical-vocational guidelines in

appendix 2 to decide whether the individual can do other work. We do

this because we built consideration of chronological age and its impact

on an individual's ability to make an adjustment to other work into the

medical-vocational guidelines in appendix 2, which also consider the

person's education and work experience, as well as the person's

[[Page 42312]]

physical and mental functioning (i.e., residual functional capacity).

In addition to defining ``age'' as how old you are (your

chronological age), the first sentence of current paragraph (a) of

Secs. 404.1563 and 416.963, explains that ``age'' refers to the extent

to which age affects an individual's ability to adapt to a new work

situation and ``to do work in competition with others.'' We propose to

incorporate the principle intended in this statement into a new third

sentence that clarifies our intent, as explained below.

The second sentence of proposed Secs. 404.1563(a) and 416.963(a)

would combine the second and third sentences of current paragraph (a).

It would clarify our intent that, when we decide whether a person is

disabled, we will not consider the person's age alone, but will

consider his or her residual functional capacity, education, and work

experience together with age.

The proposed new third sentence of paragraph (a) of Secs. 404.1563

and 416.963 explains that, when we consider the vocational factor of

``age'' in determining an individual's ability to adjust to other work,

we consider advancing age to be an increasingly limiting factor in the

ability to make such an adjustment.

The new third sentence we are proposing in paragraph (a) of

Secs. 404.1563 and 416.963, incorporates the rule we intended in the

first sentence of current Secs. 404.1563(a) and 416.963(a), indicating

that we consider the effects of age on an individual's ability ``to do

work in competition with others.'' This current provision, together

with a provision regarding skills that are ``highly marketable'' in

current Secs. 404.1563(d) and 416.963(d) that we also propose to

replace, has been interpreted by some United States Courts of Appeals

contrary to our intent, to support holdings that our regulations

provide for consideration of an individual's employability. The circuit

courts in these cases did not hold that their conclusions were required

by the Act, which prohibits consideration of whether an individual

would be hired if he or she applied for work. See sections 223(d)(2)

and 1614(a)(3)(B) of the Act. Rather, the courts relied on the language

in these current provisions of our regulations. These proposed changes

in the regulations are, therefore, necessary to clarify our intent in

this area.

The fourth and fifth sentences of proposed Secs. 404.1563(a) and

416.963(a) are substantially the same as the fourth and fifth sentences

of the current rules. In the fourth sentence of the proposed rules, we

propose to replace the current rules' reference to the ability to ``do

a significant number of jobs which exist in the national economy'' with

a reference to ``the ability to do substantial gainful activity'' to

better reflect the definition of disability in the Act.

We propose to move the last sentence of paragraph (a) of

Secs. 404.1563 and 416.963 of the current rules to proposed

Secs. 404.1563(b) and 416.963(b). This sentence explains that we will

not apply the age categories mechanically in a borderline situation,

and we believe it will fit more logically with the provisions in

proposed new paragraph (b), which would explain more fully how we apply

the age categories.

We propose to add a new paragraph (b), entitled ``How we apply the

age categories,'' to Secs. 404.1563 and 416.963. The new paragraph

would explain that, if a person's age category changes during the

period for which we are adjudicating a disability claim, we will use

each of the age categories that is applicable to the person during the

period for which we are deciding if the person is disabled. As already

noted, we would also explain that in borderline age situations we will

not apply the age categories mechanically. We also propose to explain

that a ``borderline'' situation means that the individual is ``within a

few days to a few months'' of reaching a higher age category,

consistent with our current policy interpretation in Social Security

Ruling 83-10, ``Titles II and XVI: Determining Capability To Do Other

Work--The Medical-Vocational Rules of Appendix 2,'' Social Security

Rulings (C.E. 1983, p. 174). As we explain in that Social Security

Ruling, we are unable to provide ``fixed'' guidelines since such

guidelines themselves would reflect a mechanical approach. (See Social

Security Ruling 83-10, ibid., p. 182.)

Because we propose to include a new paragraph (b) in Secs. 404.1563

and 416.963, we would redesignate the remaining paragraphs, i.e.,

current paragraphs (b) through (e), as paragraphs (c) through (f) in

the proposed rules.

Proposed paragraph (c) of Secs. 404.1563 and 416.963, ``Younger

person,'' incorporates the rules for individuals who have not yet

attained age 50 that are in current Secs. 404.1563(b) and 416.963(b).

The reference to ``age 45'' in the second sentence of current

Secs. 404.1563(b) and 416.963(b), in which we explain that in some

circumstances ``we consider age 45 a handicap in adapting to a new work

setting,'' is actually a reference to individuals who are age 45

through 49, because the category ``younger person'' ends upon

attainment of age 50. We propose to state this meaning plainly by

changing ``age 45'' to ``age 45-49.'' We also propose to revise the

second sentence to remove the word ``handicap,'' to make the language

of paragraphs (c), (d), and (e) of the proposed rules consistent and to

clarify our intent; i.e., to discuss the effects of age on the ability

to make an adjustment to other work.

Proposed paragraph (d) of Secs. 404.1563 and 416.963, ``Person

closely approaching advanced age,'' incorporates the rule for

individuals age 50 through 54 that is in current Secs. 404.1563(c) and

416.963(c). We propose to add the word ``closely'' to the heading of

this paragraph for consistency with the text of the paragraph. We

propose to replace the phrase at the end of the sentence in the current

rule, ``a significant number of jobs in the national economy,'' with

the phrase, ``other work,'' for consistency of language among the

provisions of proposed paragraphs (c), (d), and (e) of Secs. 404.1563

and 416.963. This is not intended to be a change in the standard, only

a change for consistency among the provisions of these sections of the

regulations.

Proposed paragraph (e) of Secs. 404.1563 and 416.963, ``Person of

advanced age,'' incorporates the rules for individuals age 55 or older

that are in the first sentence of current Secs. 404.1563(d) and

416.963(d). As in the preceding paragraphs, we propose the replace the

phrase, ``ability to do substantial gainful activity,'' in the first

sentence of the current rules with the phrase ``ability to adjust to

other work,'' so that paragraphs (c), (d), and (e) of Secs. 404.1563

and 416.963 will contain consistent language.

We propose to revise the provisions that are in the second and

third sentences of current Secs. 404.1563(d) and 416.963(d) and to move

these provisions to proposed new Secs. 404.1568(d)(4) and

416.968(d)(4). We explain these proposed changes below, under the

explanation of proposed Secs. 404.1568(d)(4) and 416.968(d)(4). We

propose to include in Secs. 404.1563(e) and 416.963(e) an appropriate

cross-reference to proposed Sec. 404.1568(d) or Sec. 416.968(d) to make

it easier to find the provisions in their new location.

Sections 404.1568 and 416.968 Skill Requirements

We are proposing to add new Secs. 404.1568(d)(4) and 416.968(d)(4),

``Transferability of skills for individuals of advanced age,'' to our

regulations addressing skills and their transferability. The proposed

new paragraph would incorporate and clarify the provisions in the

second and third

[[Page 42313]]

sentences of current Secs. 404.1563(d) and 416.963(d). In the current

regulations, these sentences provide rules regarding skills and their

transferability for individuals of ``advanced age'' (i.e., age 55 or

older) who have the residual functional capacity for no more than

``sedentary'' work, and for individuals who are ``closely approaching

retirement age'' (i.e., age 60-64) who have the residual functional

capacity for no more than ``light'' work. We believe that they more

logically belong in the sections of our regulations that discuss our

rules regarding skills and their transferability; i.e., Secs. 404.1568

and 416.968. We are also proposing to revise these provisions to

clarify our intent, to make their language consistent with current

provisions in our regulations, and to be consistent with other

provisions in these proposed rules.

The second sentence of current Secs. 404.1563(d) and 416.963(d)

states that if a person of advanced age has a severe impairment(s) and

cannot do medium work (i.e., the person is limited to light or

sedentary work), the person ``may'' not be able to work unless he or

she has transferable skills. In fact, under our current rules, we will

find that such a person cannot make an adjustment to other work (i.e.,

is disabled) unless he or she has skills that can be transferred to

other jobs the person can do despite his or her impairment(s). We

propose to modify the provision to make this clear.

We are proposing to incorporate in proposed new

Secs. 404.1568(d)(4) and 416.968(d)(4) provisions from Secs. 201.00(f)

and 202.00(f) of appendix 2 to subpart P of part 404 of our

regulations, the Medical-Vocational Guildelines, to clarify our

original intent regarding the last sentence of current

Secs. 404.1563(d) and 416.963(d) and for consistency in our rules. The

proposed revisions explain that, for an individual of advanced age

(i.e., age 55 or older) whose residual functional capacity permits him

or her to do no more than sedentary work, we will find that such

individual's skills are transferable to skilled or semiskilled

sedentary work only if the sedentary work is so similar to the

individual's previous work that the individual would need to make

``very little, if any, vocational adjustment in terms of tools, work

processes, work settings, or the industry.'' In addition, we propose to

include in proposed new Secs. 404.1568(d)(4) and 416.986(d)(4) a

provision to clarify how we consider the transferability of skills for

a person who is of advanced age but has not attained age 60 (i.e., a

person age 55-59) and who has a severe impairment(s) that limits him or

her to no more than light work. We explain that for such a person we

will apply the rules in paragraphs (d)(1) through (d)(3) of current

Secs. 404.1568 and 416.968 to determine if the person has skills that

are transferable to skilled or semiskilled light work. The revisions

also explain that, for an individual of advanced age who is ``closely

approaching retirement age'' (i.e., age 60-64) and whose residual

functional capacity permits him or her to do no more than light work,

we will find that such individual's skills are transferable to skilled

or semiskilled light work only if the light work is so similar to the

individual's previous work that the individual would need to make

``very little, if any, vocational adjustment in terms of tools, work

processes, work settings, or the industry.''

In making these revisions, we would replace the statement in

current Secs. 404.1563(d) and 416.963(d), ``unless you have skills

which are highly marketable,'' with the foregoing language taken from

Secs. 201.00(f) and 202.00(f) of appendix 2. This will clarify our

original intent that the provisions of current Secs. 404.1563(d) and

416.963(d) are consistent with, and must be read in the context of, the

provisions of Secs. 201.00(f) and 202.00(f) or appendix 2.

There is no reference to ``highly marketable'' skills in the Act,

which prohibits consideration of whether an individual would be hired

if he or she applied for work. (See sections 223(d)(2) and

1614(a)(3)(B) of the Act.) The phrase was one of the additions we made

to the regulations under the ``common sense'' redodification in 1980.

(See 45 FR 55566, August 20, 1980.) When we issued those regulations,

we did not intent to introduce the term as a statement of a new rule or

as a change in existing rules. We intended only to contribute to public

understanding of the provisions regarding transferability of skills for

older workers in the Medical-Vocational Guidelines in appendix 2. (The

language in appendix 2 was not changed by the ``common sense''

redocification in 1980.) However, by using different language in

current Secs. 404.1563(d) and 416.963(d) from that in appendix 2, we

have inadvertently given the mistaken impression that we meant to

establish a separate criterion for these individuals beyond what we

already provide in appendix 2. That was not our intent. (See, e.g.,

Social Security Ruling 82-41, ``Titles II and XVI: Work Skills and

Their Transferability as Intended by the Expanded Vocational Factors

Regulations Effective February 26, 1979,'' Social Security Rulings

(C.E. 1982, pp. 196, 202); Final Rules for Adjudicating Disability

Claims in Which Vocational Factors Must Be Considered, 43 FR 55349,

55353-55354 (November 28, 1978).)

Electronic Version

The electronic file of this document is available on the date of

publication in the Federal Register on the Internet site for the

Government Printing Office, http://www.access.gpo.gov/su__docs/aces/

aces140.html. It is also available on the Internet site for SSA (i.e.,

SSA Online): http://www.ssa.gov/.

Regulatory Procedures

Executive Order 12866

We have consulted with the Office of Management and Budget (OMB)

and determined that these proposed rules do not meet the criteria for a

significant regulatory action under Executive Order (E.O.) 12866. Thus,

they were not subject to OMB review. We have also determined that these

proposed rules meet the plain language requirement of E.O. 12866 and

the President's memorandum of June 1, 1998.

Clarity Of These Proposed Rules

Executive Order 12866 and the President's memorandum of June 1,

1998, require each agency to write all rules in plain language. In

addition to your substantive comments on these proposed rules, we

invite your comments on how to make these proposed rules easier to

understand. For example:

Have we organized the material to suit your needs?

Are the requirements in the rules clearly stated?

Do the rules contain technical language or jargon that

isn't clear?

Woule a different format (grouping and order of sections,

use of headings, paragraphing) make the rules easier to understand?

Would more (but shorter) sections be better?

Could we improve clarity by adding tables, lists, or

diagrams?

What else could we do to make the rules easier to

understand?

Regulatory Flexibility Act

We certify that these regulations, if promulgated, will not have a

significant economic impact on a substantial number of small entities

because they affect only individuals. Therefore, a regulatory

flexibility analysis as provided in the Regulatory Flexibility Act, as

amended, is not required.

Paperwork Reduction Act

These regulations impose no additional reporting or recordkeeping

requirements subject to OMB clearance.

[[Page 42314]]

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social

Security-Disability Insurance; 96.002 Social Security--Retirement

Insurance; 96.004, Social Security--Survivors Insurance; 96.006,

Supplemental Security Income)

List of Subjects

20 CFR Part 404

Administrative practice and procedure, Blind, Disability benefits,

Old-Age, Survivors and Disability Insurance, Reporting and

recordkeeping requirements, Social Security.

20 CFR Part 416

Administrative practice and procedure, Aged, Blind, Disability

benefits, Public assistance programs, Reporting and recordkeeping

requirements, Supplemental Security Income (SSI).

Dated: July 23, 1999.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set out in the preamble, we propose to amend

subpart P of part 404 and subpart I of part 416 of 20 CFR chapter III

as set forth below:

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE

(1950-- )

Subpart P--[Amended]

1. The authority citation for subpart P of part 404 continues to

read as follows:

Authority: Secs. 202, 205(a), (b), and (d)-(h), 216(i), 221(a)

and (i), 222(c), 223, 225, and 702(a)(5) of the Social Security Act

(42 U.S.C. 402, 405(a), (b), and (d)-(h), 416(i), 421(a) and (i),

422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193, 110

Stat. 2105, 2189.

2. Section 404.1563 is amended by revising paragraph (a),

redesignating paragraphs (b) through (e) as paragraphs (c) through (f),

adding a new paragraph (b), and revising redesignated paragraphs (c),

(d) and (e) to read as follows:

Sec. 404.1563 Your age as a vocational factor.

(a) General. ``Age'' means your chronological age. When we decide

whether you are disabled under Sec. 404.1520(f)(1), we will 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 a person's ability to

adjust to other work, we consider advancing age to be an increasingly

limiting factor in the person's ability to make such an adjustment, as

we explain in paragraphs (c) through (e) of this section. If you are

unemployed because of your age, but you still have the ability to do

substantial gainful activity, we will find that you are not disabled.

In paragraphs (b) through (e) of this section and in appendix 2, we

explain in more detail how we consider your age as a vocational factor.

(b) How we apply the age categories. When we make a finding about

your ability to do other work under Sec. 404.1520(f)(1), we will use

the age categories in paragraphs (c) through (e) of this section. We

will use each of the age categories that applies to you during the

period for which we must determine if you are disabled. We will not

apply the age categories mechanically in a borderline situation. If you

are within a few days to a few months of reaching an older age

category, and using the older age category could result in a

determination or decision that you are disabled, we will consider

whether to use the older age category after evaluating the overall

impact of all of your vocational factors.

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 age 45-49 are more limited in their ability to

adjust to other work than persons who have not attained age 45. See

Rule 201.17 in appendix 2.

(d) Person closely approaching advanced age. If you are closely

approaching advanced age (age 50-54), we will consider that your age

along with a severe impairment(s) and limited work experience may

seriously affect your ability to adjust to other work.

(e) Person of advanced age. We consider that at advanced age (age

55 or older) chronological age significantly affects a person's ability

to adjust to other work. We have special rules for persons of advanced

age and for persons in this category who are closely approaching

retirement age (age 60-64). See Sec. 404.1568(d)(4).

* * * * *

3. Section 404.1568 is amended by adding a new paragraph (d)(4) to

read as follows:

Sec. 404.1568 Skill requirements.

* * * * *

(d) Skills that can be used in other work (transferability) * * *.

* * * * *

(4) Transferability of skills for individuals of advanced age. If

you are of advanced age (age 55 or older), and you have a severe

impairment(s) that limits you to sedentary or light work, we will find

that you cannot make an adjustment to other work unless you have skills

that you can use in (transfer to) other skilled or semiskilled work

that you can do despite your impairment(s). We will decide if you have

transferable skills as follows. If you are of advanced age and you have

a severe impairment(s) that limits you to no more than sedentary work,

we will find that you have skills that are transferable to skilled or

semiskilled sedentary work only if the sedentary work is so similar to

your previous work that you would need to make very little, if any,

vocational adjustment in terms of tools, work processes, work settings,

or the industry. (See Sec. 404.1567(a) and Sec. 201.00(f) of appendix

2.) If you are of advanced age but have not attained age 60, and you

have a severe impairment(s) that limits you to no more than light work,

we will apply the rules in paragraphs (d)(1) through (d)(3) of this

section to decide if you have skills that are transferable to skilled

or semiskilled light work (see Sec. 404.1567(b)). If you are closely

approaching retirement age (age 60-64) and you have a severe

impairment(s) that limits you to no more than light work, we will find

that you have skills that are transferable to skilled or semiskilled

light work only if the light work is so similar to your previous work

that you would need to make very little, if any, vocational adjustment

in terms of tools, work processes, work settings, or the industry. (See

Sec. 404.1567(b) and Sec. 202.00(f)) of appendix 2.)

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND

DISABLED

Subpart I--[Amended]

4. The authority citation for subpart I of part 416 continues to

read as follows:

Authority: Secs. 702(a)(5), 1611, 1614, 1619, 1631(a), (c), and

(d)(1), and 1633 of the Social Security Act (42 U.S.C. 902(a)(5),

1382, 1382c, 1382h, 1383(a), (c), and (d)(1), and 1383b); secs. 4(c)

and 5, 6(c)-(e), 14(a) and 15, Pub. L. 98-460, 98 Stat. 1794, 1801,

1802, and 1808 (42 U.S.C. 421 note, 423 note, 1382h note).

5. Section 416.963 is amended by revising paragraph (a),

redesignating paragraphs (b) through (e) as paragraphs (c) through (f),

adding a new paragraph (b), and revising redesignated paragraphs (c),

(d) and (e) to read as follows:

Sec. 416.963 Your age as a vocational factor.

(a) General. ``Age'' means your chronological age. When we decide

[[Page 42315]]

whether you are disabled under Sec. 416.920(f)(1), we will consider