SSR 03-03p: SSR 03-3p: Policy Interpretation Ruling - Titles II and XVI: Evaluation of Disability and Blindness in Initial Claims for Individuals Aged 65 or Older

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[Federal Register: November 10, 2003 (Volume 68, Number 217)/Notices] [Page 63833-63837]

EFFECTIVE DATE: November 10, 2003

This Ruling supersedes SSR

99-3p , Title XVI: Evaluation of Disability and Blindness in Initial

Claims for Individuals Age 65 or Older (64 FR 33337, June 22, 1999).

Purpose:

To clarify SSA's standards and procedures for the adjudication of titles

II and XVI of the Social Security Act (the Act) disability and blindness

claims for individuals aged 65 or older. In particular, this Ruling

explains that:

- In general, the regulations and procedures for determining disability for

adults who are under age 65 are used when determining whether an

individual aged 65 or older is disabled.

- Adjudicators are required to consider any impairment(s) the individual

has, including those that are often found in older individuals.

- If an individual aged 72 or older has a medically determinable impairment,

that impairment will be considered to be “severe.”

- If the individual's impairment(s) prevents the performance of his or her

past relevant work (PRW), or if the individual does not have PRW, the

adjudicator must consider two special medical-vocational profiles showing

an inability to make an adjustment to other work before referring to

appendix 2 to subpart P of 20 CFR part 404.

- Generally, adjudicators should use the rules for individuals aged 60-64

when determining whether an individual aged 65 or older can adjust to

other work.

- Some individuals aged 65 or older may not understand, or be able to comply

with, our requests to submit evidence or attend a consultative examination

(CE). Therefore, adjudicators must make special efforts in situations in

which it appears that an individual aged 65 or older may not be

cooperating.

In general, the regulations and procedures for determining disability for

adults who are under age 65 are used when determining whether an

individual aged 65 or older is disabled.

requests to submit evidence or attend a consultative examination

(CE). Therefore, adjudicators must make special efforts in situations in

which it appears that an individual aged 65 or older may not be

cooperating.

In general, the regulations and procedures for determining disability for

adults who are under age 65 are used when determining whether an

individual aged 65 or older is disabled.

Adjudicators are required to consider any impairment(s) the individual

has, including those that are often found in older individuals.

If an individual aged 72 or older has a medically determinable impairment,

that impairment will be considered to be “severe.”

If the individual's impairment(s) prevents the performance of his or her

past relevant work (PRW), or if the individual does not have PRW, the

adjudicator must consider two special medical-vocational profiles showing

an inability to make an adjustment to other work before referring to

appendix 2 to subpart P of 20 CFR part 404.

Generally, adjudicators should use the rules for individuals aged 60-64

when determining whether an individual aged 65 or older can adjust to

other work.

Some individuals aged 65 or older may not understand, or be able to comply

with, our requests to submit evidence or attend a consultative examination

(CE). Therefore, adjudicators must make special efforts in situations in

which it appears that an individual aged 65 or older may not be

cooperating.

Citations:

Section 5301 of Public Law (Pub. L.) 105-33, sections 402 and 431 of Pub.

L. 104-193, as amended, sections 216(l) , 223(a)(1) , 223(d) , 1614(a) , 1616 , 1619(b) and 1621(f)(1) of the Act,

as amended; 20 CFR part 404, subpart P, appendices 1 and 2, §§

404.1501 - 1599 , and 20

CFR part 416, subpart I, §§

416.901 - 416.923 , 416.925 - 416.926 , 416.927 - 416.986 , 416.988 - 416.994 ,

and 416.995 - 416.998 .

Background:

(Pub. L.) 105-33, sections 402 and 431 of Pub.

L. 104-193, as amended, sections 216(l) , 223(a)(1) , 223(d) , 1614(a) , 1616 , 1619(b) and 1621(f)(1) of the Act,

as amended; 20 CFR part 404, subpart P, appendices 1 and 2, §§

404.1501 - 1599 , and 20

CFR part 416, subpart I, §§

416.901 - 416.923 , 416.925 - 416.926 , 416.927 - 416.986 , 416.988 - 416.994 ,

and 416.995 - 416.998 .

Background:

Section 216(l) of the Act

phases in a gradual increase in the full retirement age from age 65 to age

67. These changes first affect individuals who were born in 1938; that is,

who turn age 65 in 2003. By 2027, the incremental increases will be

complete, and a full retirement age of 67 will be applicable to all

individuals who were born in 1960 or later. These provisions do not change

the age at which an individual can take early retirement at a reduced

benefit amount, which remains at age 62. Under title II, an individual can

establish entitlement to benefits based on disability or blindness until

the month in which he or she attains full retirement age. Therefore, as a

result of the increases in the full retirement age, we will be processing

some disability claims under title II of the Act for individuals who are

aged 65 or older.

On August 5, 1997, Pub. L. 105-33, the Balanced Budget Act of 1997,

amended Pub. L. 104-193, the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, as amended, and added additional alien

eligibility criteria. Under the new criteria, “qualified”

aliens who were lawfully residing in the United States on August 22, 1996,

and who are disabled or blind as defined in section 1614(a) of the Act are

eligible for benefits under title XVI provided all other eligibility

requirements are met. Individuals can establish eligibility based on

disability or blindness at any age, even on or after attainment of age

65.

r the new criteria, “qualified”

aliens who were lawfully residing in the United States on August 22, 1996,

and who are disabled or blind as defined in section 1614(a) of the Act are

eligible for benefits under title XVI provided all other eligibility

requirements are met. Individuals can establish eligibility based on

disability or blindness at any age, even on or after attainment of age

65.

In addition to qualified aliens, determinations of disability under title

XVI also may be needed for other individuals aged 65 or older to

determine:

- State supplements in some States (section 1616 of the Act);

- Whether the work incentive provisions of section 1619(b) of the Act are

applicable; or

- Appropriate deeming of income and resources (section 1621(f)(1) of the Act; 20 CFR 416.1160 , 416.1161 , 416.1166a , and 416.1204 ).

State supplements in some States (section 1616 of the Act);

Whether the work incentive provisions of section 1619(b) of the Act are

applicable; or

Appropriate deeming of income and resources (section 1621(f)(1) of the Act; 20 CFR 416.1160 , 416.1161 , 416.1166a , and 416.1204 ).

Ruling:

Evaluation Issues. In general, the regulations and procedures for

determining disability for adults who are under age 65 are used when

determining whether an individual aged 65 or older is disabled, except as

provided later in this Ruling.

To determine if an adult is disabled as defined in the Act, adjudicators

generally use the 5-step sequential evaluation process set out in 20 CFR 404.1520 and 416.920 .

Step 1—Is the Individual Working? If the individual is

working and the work is substantial gainful activity (see 20 CFR

404.1571 - 404.1576 and 416.971 - 416.976 ),

we will find that the individual is not disabled regardless of his or her

medical condition, age, education, or work experience.

Step 2—Does the Individual Have a Severe Impairment?

rocess set out in 20 CFR 404.1520 and 416.920 .

Step 1—Is the Individual Working? If the individual is

working and the work is substantial gainful activity (see 20 CFR

404.1571 - 404.1576 and 416.971 - 416.976 ),

we will find that the individual is not disabled regardless of his or her

medical condition, age, education, or work experience.

Step 2—Does the Individual Have a Severe Impairment?

At step 2 of the sequential evaluation process, a determination is made

about whether an individual has a medically determinable impairment and

whether the individual's medically determinable impairment—or

combination of impairments—is “severe.” An individual

who does not have an impairment or combination of impairments that is

“severe” will be found not disabled.

An impairment(s) is considered “severe” if it significantly

limits an individual's physical or mental abilities to do basic work

activities. An impairment(s) that is “not severe” must be a

slight abnormality, or a combination of slight abnormalities, that has no

more than a minimal effect on the ability to do basic work activities. It

is incorrect to disregard an impairment or consider it to be “not

severe” because the impairment's effects are “normal”

for a person of that age.

As in any claim, adjudicators must consider signs, symptoms, and

laboratory findings when determining whether an individual aged 65 or

older has a medically determinable impairment (see 20 CFR 404.1508 and 404.1528 , and 416.908 and 416.928 ). The likelihood of

the occurrence of some impairments increases with advancing age; e.g. , osteoporosis, osteoarthritis, certain cancers, adult-onset

diabetes mellitus, impairments of memory, hypertension, and impairments of

vision or hearing. Adjudicators are required to consider any impairment(s)

the individual has, including impairments like the ones listed above that

are often found in older individuals. It is incorrect to disregard any of

an individual's impairments because they are “normal” for the

person's age.

cancers, adult-onset

diabetes mellitus, impairments of memory, hypertension, and impairments of

vision or hearing. Adjudicators are required to consider any impairment(s)

the individual has, including impairments like the ones listed above that

are often found in older individuals. It is incorrect to disregard any of

an individual's impairments because they are “normal” for the

person's age.

When an individual has more than one medically determinable impairment and

each impairment by itself is “not severe,” adjudicators must

still assess the impact of the combination of those impairments on the

individual's ability to function. A claim may be denied at step 2 only if

the evidence shows that the individual's impairments, when considered in

combination, are “not severe”; i.e. , do not have more

than a minimal effect on the individual's physical or mental ability(ies)

to perform basic work activities.

Special Rule for Individuals Applying for Title XVI Benefits Who Are

Aged 72 or Older. Generally, we use step 2 of the sequential

evaluation process as a “screen” to deny individuals with

impairments that would have no more than a minimal effect on their ability

to work even if we considered their age, education, and work experience.

However, with advancing age, it is increasingly unlikely that individuals

with medically determinable impairments will be found to have minimal

limitations in their ability to do basic work activities. By age 72,

separate consideration of whether an individual's medically determinable

impairment(s) is “severe” does not serve the useful screening

purpose that it does for individuals who have not attained age 72.

Therefore, if an individual aged 72 or older has a medically determinable

impairment(s), that impairment(s) will be considered to be

“severe,” and evaluation must proceed to the next step of the

sequential evaluation process.

an individual's medically determinable

impairment(s) is “severe” does not serve the useful screening

purpose that it does for individuals who have not attained age 72.

Therefore, if an individual aged 72 or older has a medically determinable

impairment(s), that impairment(s) will be considered to be

“severe,” and evaluation must proceed to the next step of the

sequential evaluation process.

Step 3—Does the Individual Have an Impairment(s) That Meets or

Equals an Impairment Listed in Appendix 1? When an individual has a

severe impairment(s) that meets or medically equals the requirements for

one of the impairments in the Listing of Impairments in appendix 1 to

subpart P of 20 CFR part 404 and meets the duration requirement, the

individual is disabled.

When Disability Cannot Be Found at Step 3—Assessing Residual

Functional Capacity. When the individual does not have an

impairment(s) that meets or equals the requirements for a listed

impairment, the adjudicator is required to assess the individual's

residual functional capacity (RFC). The RFC assessment is an adjudicator's

finding about the ability of an individual to perform both physical and

mental work-related activities despite his or her impairment(s). The

assessment considers all of the individual's medically determinable

impairments, including those that are “not severe,” and all

limitations or restrictions caused by symptoms, such as pain, that are

related to the medically determinable impairment(s). The assessment is

based upon consideration of all relevant evidence in the case record,

including medical evidence and relevant nonmedical evidence, such as

observations of lay witnesses of an individual's apparent symptomatology,

or an individual's own statement of what he or she is able or unable to

do.

y symptoms, such as pain, that are

related to the medically determinable impairment(s). The assessment is

based upon consideration of all relevant evidence in the case record,

including medical evidence and relevant nonmedical evidence, such as

observations of lay witnesses of an individual's apparent symptomatology,

or an individual's own statement of what he or she is able or unable to

do.

When assessing RFC in an initial claim, an adjudicator should not find

that an individual has limitations or restrictions beyond those caused by

his or her medically determinable impairment(s). Limitations or

restrictions due to factors such as age, height, or whether the individual

has ever engaged in certain activities in his or her PRW ( e.g. ,

lifting heavy weights) are, per se, not considered in assessing RFC. (See SSR 96-8p , “Titles II and XVI:

Assessing Residual Functional Capacity in Initial Claims.”)

Step 4—Does the Individual Have an Impairment(s) That Prevents

Him or Her from Performing Past Relevant Work (PRW)? The RFC

assessment discussed above is first used at step 4 of the sequential

evaluation process to determine whether the individual is capable of doing

PRW. The rules and procedures we use to make this determination for

individuals under age 65 are also applicable to individuals aged 65 or

older. This includes consideration of whether the individual can perform

his or her PRW as he or she actually performed it or as it is generally

performed in the national economy. If the individual's PRW was performed

in a foreign economy, we will generally consider only whether the

individual can perform his or her PRW as he or she described it. However,

if the work the individual did in a foreign economy also exists in the

United States, we will consider whether he or she can perform the work as

it is generally performed in the national economy. If the individual can

perform his or her PRW, he or she will be found not disabled

e will generally consider only whether the

individual can perform his or her PRW as he or she described it. However,

if the work the individual did in a foreign economy also exists in the

United States, we will consider whether he or she can perform the work as

it is generally performed in the national economy. If the individual can

perform his or her PRW, he or she will be found not disabled. (See SSR 82-40 , “Titles II and

XVI: The Vocational Relevance of the Past Work Performed in a Foreign

Country.”)

Step 5—Can the Individual Do Other Work? The last step of the

sequential evaluation process requires us to determine whether an

individual can do other work considering his or her RFC, age, education,

and work experience.

Special Medical-Vocational Profiles Showing an Inability to Make an

Adjustment to Other Work. If the individual's impairment(s) does

preclude the performance of PRW, or if the individual does not have PRW,

two special medical-vocational profiles must be considered before

referring to appendix 2 to subpart P of 20 CFR part 404. The special

profiles are discussed in SSR

82-63 , “Titles II and XVI: Medical-Vocational Profiles Showing

an Inability to Make an Adjustment to Other Work.”

The “arduous unskilled physical labor” profile applies when an

individual:

- Is not working;

- Has a history of 35 years or more of arduous unskilled physical

labor [1] ;

- Can no longer perform this past arduous work because of a severe

impairment(s); and

- Has no more than a marginal education (generally 6th grade or less).

Is not working;

Has a history of 35 years or more of arduous unskilled physical

labor [1] ;

Can no longer perform this past arduous work because of a severe

impairment(s); and

Has no more than a marginal education (generally 6th grade or less).

The “no work experience” profile applies when an

individual:

- Has a severe impairment(s);

- Has no PRW;

- Is aged 55 or older; and

- Has no more than a limited education (generally, 11th grade or less).

us unskilled physical

labor [1] ;

Can no longer perform this past arduous work because of a severe

impairment(s); and

Has no more than a marginal education (generally 6th grade or less).

The “no work experience” profile applies when an

individual:

- Has a severe impairment(s);

- Has no PRW;

- Is aged 55 or older; and

- Has no more than a limited education (generally, 11th grade or less).

Has a severe impairment(s);

Has no PRW;

Is aged 55 or older; and

Has no more than a limited education (generally, 11th grade or less).

If either of these profiles applies, a finding of “disabled”

must be made. This finding is made without considering the criteria in

appendix 2 to subpart P of 20 CFR part 404.

Applying the Criteria in Appendix 2 to Subpart P of 20 CFR Part

404. If the special medical-vocational profiles are not applicable, we

use the rules in appendix 2 to subpart P of 20 CFR part 404 to determine

whether the individual has the ability to do other work. The highest age

category used in appendix 2 is aged 60-64, “closely approaching

retirement age.” However, we have longstanding internal procedures

that direct our adjudicators to use the rules for ages 60-64 when making

determinations for individuals aged 65 or older at step 5.

Under those rules, individuals aged 65 or older who are limited to

“sedentary” or “light” work will be found disabled

unless their PRW provided them with transferable skills or they are at

least a high school graduate and their education provides for direct entry

into skilled work. As set out in §§ 201.00(f) and 202.00(f) of appendix 2,

to find transferability of skills for individuals aged 65 or older who are

limited to “sedentary” or “light” work, there must

be very little, if any, vocational adjustment required in terms of tools,

work processes, work settings, or the industry.

ast a high school graduate and their education provides for direct entry

into skilled work. As set out in §§ 201.00(f) and 202.00(f) of appendix 2,

to find transferability of skills for individuals aged 65 or older who are

limited to “sedentary” or “light” work, there must

be very little, if any, vocational adjustment required in terms of tools,

work processes, work settings, or the industry.

Individuals aged 65 or older who can perform the full range of

“medium” work are found disabled when they have no more than a

limited education (including individuals who are illiterate in English or

unable to communicate in English) and no PRW. Individuals aged 65 or older

who can perform a full range of “medium” work are also found

disabled when they have no more than a marginal education (including

individuals who are illiterate in English or unable to communicate in

English) and no PRW or their PRW is unskilled or their skilled or

semi-skilled PRW provides no transferable skills.

Duration. As indicated earlier, the likelihood of the occurrence of

some impairments, such as osteoporosis, osteoarthritis, certain cancers,

adult-onset diabetes mellitus, impairments of memory, hypertension, and

impairments of vision or hearing, increases with advancing age. Moreover,

such impairments are more likely to be chronic than acute. Therefore,

adjudicators must be especially careful before concluding that an

impairment in an individual aged 65 or older will not meet the 12-month

duration requirement.

, certain cancers,

adult-onset diabetes mellitus, impairments of memory, hypertension, and

impairments of vision or hearing, increases with advancing age. Moreover,

such impairments are more likely to be chronic than acute. Therefore,

adjudicators must be especially careful before concluding that an

impairment in an individual aged 65 or older will not meet the 12-month

duration requirement.

Development Issues. Developing Allegations of Impairment(s). When

obtaining the medical history of an individual aged 65 or older, it is

important to be alert to and address allegations of impairments that are

commonly associated with the aging process, such as osteoporosis,

arthritis, loss of vision, hearing loss, and memory loss. Allegations may

be raised in response to specific questions about the individual's

impairment(s); e.g. , on Form SSA-3368-BK. However, adjudicators

must also be alert to allegations raised in other evidence in the file.

For example, questionnaires about activities of daily living may contain

statements like “I have difficulty walking or climbing stairs

because my legs hurt,” “I can't clean my apartment because my

back hurts,” or “I don't read much anymore because I don't see

well.” These statements constitute allegations of impairment(s).

Therefore, adjudicators must:

- Review the case file thoroughly to identify all allegations or other

indications of impairment.

- Be aware that the medical evidence or third party statements can raise

additional allegations.

- When contacting an individual aged 65 or older, be alert to statements

indicating the presence of an impairment(s) commonly associated with the

aging process.

- Consider all signs or symptoms indicative of an impairment(s), including

those impairments caused by degenerative changes associated with the aging

process.

Review the case file thoroughly to identify all allegations or other

indications of impairment.

Be aware that the medical evidence or third party statements can raise

additional allegations.

ommonly associated with the

aging process.

- Consider all signs or symptoms indicative of an impairment(s), including

those impairments caused by degenerative changes associated with the aging

process.

Review the case file thoroughly to identify all allegations or other

indications of impairment.

Be aware that the medical evidence or third party statements can raise

additional allegations.

When contacting an individual aged 65 or older, be alert to statements

indicating the presence of an impairment(s) commonly associated with the

aging process.

Consider all signs or symptoms indicative of an impairment(s), including

those impairments caused by degenerative changes associated with the aging

process.

Purchasing Medical Evidence. Our regulations, at 20 CFR 404.1512(f) , 404.1517 , 416.912(f) and 416.917 , indicate that we

will purchase CEs when the individual's medical sources cannot or will not

give us sufficient medical evidence about the individual's impairment for

us to determine if he or she is disabled. Sections 404.1519f and 416.919f further provide

that we will purchase only the specific examinations and tests that we

need to make a determination or decision. Due to the wide range of

allegations contained in cases of individuals aged 65 or older, evidence

addressing more than one body system may need to be purchased. In these

situations, it is usually appropriate to purchase general medical

examinations rather than examinations targeted at particular body systems.

This will ensure that all allegations of impairment are evaluated, and

will reduce the burden on the individual. For example, if the individual

alleges back and knee pain, shortness of breath on exertion, and numbness

and weakness in his or her arm, a general medical examination would

usually be preferable to separate orthopedic, neurologic, respiratory, or

cardiac examinations.

ody systems.

This will ensure that all allegations of impairment are evaluated, and

will reduce the burden on the individual. For example, if the individual

alleges back and knee pain, shortness of breath on exertion, and numbness

and weakness in his or her arm, a general medical examination would

usually be preferable to separate orthopedic, neurologic, respiratory, or

cardiac examinations.

Failure to Cooperate. Individuals filing for benefits based on

disability or blindness have certain responsibilities for furnishing us

with, or helping us obtain, needed evidence. Our regulations at 20 CFR 404.1512(c) , 404.1516 , 404.1518 , 416.912(c) , 416.916 , and 416.918 describe these

responsibilities. However, due to factors such as possible language

barriers or limited education, some individuals aged 65 or older may not

understand, or be able to comply with, our requests to submit evidence or

attend a CE.

If it appears that an individual aged 65 or older is not cooperating,

adjudicators must take the following additional actions when the

individual does not have an appointed representative, or when the

appointed representative has asked us to deal directly with the

individual.

If an individual aged 65 or older has not supplied evidence or taken an

action we requested and still need, the adjudicator must:

- Contact the individual to determine why he or she has not complied with

our request. If it appears that the individual needs personal assistance,

including interpreter assistance, to complete forms, request field office

assistance.

- Contact a third party ( i.e. , someone other than the individual's

representative), if one has been identified, about assisting the

individual at the same time the adjudicator contacts the individual.

Contact the individual to determine why he or she has not complied with

our request. If it appears that the individual needs personal assistance,

including interpreter assistance, to complete forms, request field office

assistance.

other than the individual's

representative), if one has been identified, about assisting the

individual at the same time the adjudicator contacts the individual.

Contact the individual to determine why he or she has not complied with

our request. If it appears that the individual needs personal assistance,

including interpreter assistance, to complete forms, request field office

assistance.

Contact a third party ( i.e. , someone other than the individual's

representative), if one has been identified, about assisting the

individual at the same time the adjudicator contacts the individual.

If an individual aged 65 or older did not attend a CE, the adjudicator

must:

- Contact the individual to determine why he or she did not attend the

CE.

- Make at least two attempts at different times on different days to contact

the individual by telephone. (A busy signal does not constitute an

attempt.)

- Send the claimant a call-in letter if telephone contact is not possible or

successful.

- Contact a third party, if one has been identified, about assisting the

claimant at the same time contact is attempted with the claimant.

- When contact is made with the individual or the third party, explain that

the CE is for evaluation purposes only and that no treatment will be

required.

- Reschedule the CE if the individual had a good reason for not attending

the prior CE ( e.g. , he or she had transportation problems or was

out of the country at the time of the CE) and indicates a willingness to

attend a rescheduled CE.

Contact the individual to determine why he or she did not attend the

CE.

Make at least two attempts at different times on different days to contact

the individual by telephone. (A busy signal does not constitute an

attempt.)

Send the claimant a call-in letter if telephone contact is not possible or

successful.

Contact a third party, if one has been identified, about assisting the

claimant at the same time contact is attempted with the claimant.

t attend the

CE.

Make at least two attempts at different times on different days to contact

the individual by telephone. (A busy signal does not constitute an

attempt.)

Send the claimant a call-in letter if telephone contact is not possible or

successful.

Contact a third party, if one has been identified, about assisting the

claimant at the same time contact is attempted with the claimant.

When contact is made with the individual or the third party, explain that

the CE is for evaluation purposes only and that no treatment will be

required.

Reschedule the CE if the individual had a good reason for not attending

the prior CE ( e.g. , he or she had transportation problems or was

out of the country at the time of the CE) and indicates a willingness to

attend a rescheduled CE.

Non-English-Speaking or Limited-English-Proficiency Individuals. For all the development issues discussed above, adjudicators must remember

that we are responsible for obtaining the services of a qualified

interpreter if the individual requests or needs one. This includes

providing an interpreter at a CE if the CE provider is not sufficiently

fluent in the individual's language.

Effective Date:

This Ruling is effective on the date of its publication in the Federal

Register (November 10, 2003).

Cross-References:

SSR 82-40 , “Titles II and

XVI: The Vocational Relevance of the Past Work Performed in a Foreign

Country”; SSR 82-61 ,

“Titles II and XVI: Past Relevant Work—The Particular Job or

the Occupation as Generally Performed”; SSR 82-62 , “Titles II and

XVI: A Disability Claimant's Capacity To Do Past Relevant Work, In

General”; SSR 82-63 ,

“Titles II and XVI: Medical-Vocational Profiles Showing an Inability

To Make an Adjustment to Other Work”; SSR 85-28 , “Titles II and XVI:

Medical Impairments That Are Not Severe”; SSR 96-3p , “Titles II and XVI:

Considering Allegations of Pain and Other Symptoms in Determining Whether

a Medically Determinable Impairment Is Severe”; SSR 96-4p , “Titles II and XVI:

Symptoms

eral”; SSR 82-63 ,

“Titles II and XVI: Medical-Vocational Profiles Showing an Inability

To Make an Adjustment to Other Work”; SSR 85-28 , “Titles II and XVI:

Medical Impairments That Are Not Severe”; SSR 96-3p , “Titles II and XVI:

Considering Allegations of Pain and Other Symptoms in Determining Whether

a Medically Determinable Impairment Is Severe”; SSR 96-4p , “Titles II and XVI:

Symptoms, Medically Determinable Physical and Mental Impairments, and

Exertional and Nonexertional Limitations”; SSR 96-8p , “Titles II and XVI:

Assessing Residual Functional Capacity in Initial Claims”; SSR 96-9p , “Titles II and XVI:

Determining Capability to do Other Work—Implications of Residual

Functional Capacity for Less Than a Full Range of Sedentary Work”;

and Program Operations Manual System, sections DI 22505.015, DI 22510.018,

DI 22510.019, DI 23515.010, DI 23515.025, DI 25010.001, SI 00502.142, and

GN 00203.001.

[1] Training, or isolated,

brief, or remote periods of semiskilled or skilled work will not preclude

a finding of arduous, unskilled work, if such training or experience did

not result in skills that enable the individual to adjust to other

work.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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