SSR 20-1p: SSR 20-01p: Titles II and XVI: How We Determine an Individual's Education Category

Effective Date: April 27, 2020 Federal Register,

vol. 85, No. 46, page 13692.

Policy Interpretation Ruling

Purpose: This Social Security Ruling (SSR)

explains how we determine an individual's education category in adult

initial disability decisions, determinations, redeterminations, and

continuing disability reviews under titles II and XVI of the Social

Security Act.

Citations (Authority): Sections 223(d)(2)(A) , 225 , 221(i) , 1614(a)(3)(B) , and 1614(a)(3)(H) of the Social Security Act, as amended and 20 CFR 404.1520 , 404.1564 , Part 404

Subpart P Appendix 2 , 416.920 , and 416.964 .

Background

We use a five-step sequential evaluation process to

determine whether an individual is disabled or blind under titles II

and XVI of the Act. [1] If we are unable to make a disability finding at

the first four steps, we consider an individual's residual functional

capacity (RFC) [2] and the vocational factors of age, education, and work

experience to determine whether the individual is able to perform work

that exists in significant numbers in the national economy. [3]

Our rules explain how we evaluate the vocational

factor of education. [4] Education primarily means formal schooling or other

training that contributes to an individual's ability

to meet vocational requirements, such as reasoning ability,

communication skills, and arithmetical ability. [5] The lack of formal schooling

does not necessarily mean that the individual is uneducated

or does not have these abilities. [6] Past work experience and the kinds of

responsibilities the individual had while working, daily

activities, hobbies, or results of testing may show that

the individual has significant intellectual ability that

can be used to work. [7]

We use the following four education categories to

evaluate an individual's education level: [8]

idual is uneducated

or does not have these abilities. [6] Past work experience and the kinds of

responsibilities the individual had while working, daily

activities, hobbies, or results of testing may show that

the individual has significant intellectual ability that

can be used to work. [7]

We use the following four education categories to

evaluate an individual's education level: [8]

- High school education and above. High school education

and above means abilities in reasoning, arithmetic, and

language skills acquired through formal schooling at a 12th

grade level or above. We generally consider that someone

with these educational abilities can do semi-skilled

through skilled work. [9]

- Limited education. Limited education means ability in

reasoning, arithmetic, and language skills, but not enough

to allow a person with these educational qualifications to

do most of the more complex job duties needed in semi-skilled

or skilled jobs. We generally consider that a 7th

grade through the 11th grade level of formal education is a

limited education.

- Marginal education. Marginal education means ability in

reasoning, arithmetic, and language skills that are needed

to do simple, unskilled types of jobs. We generally

consider that formal schooling at a 6th grade level or less

is a marginal education.

- Illiteracy. Illiteracy means an inability to read or

write. We consider someone illiterate if the person cannot

read or write a simple message such as instructions or

inventory lists even though the person can sign his or her

name. Generally, an illiterate person has had little or no

formal schooling.

High school education and above. High school education

and above means abilities in reasoning, arithmetic, and

language skills acquired through formal schooling at a 12th

grade level or above. We generally consider that someone

with these educational abilities can do semi-skilled

through skilled work. [9]

r

name. Generally, an illiterate person has had little or no

formal schooling.

High school education and above. High school education

and above means abilities in reasoning, arithmetic, and

language skills acquired through formal schooling at a 12th

grade level or above. We generally consider that someone

with these educational abilities can do semi-skilled

through skilled work. [9]

Limited education. Limited education means ability in

reasoning, arithmetic, and language skills, but not enough

to allow a person with these educational qualifications to

do most of the more complex job duties needed in semi-skilled

or skilled jobs. We generally consider that a 7th

grade through the 11th grade level of formal education is a

limited education.

Marginal education. Marginal education means ability in

reasoning, arithmetic, and language skills that are needed

to do simple, unskilled types of jobs. We generally

consider that formal schooling at a 6th grade level or less

is a marginal education.

Illiteracy. Illiteracy means an inability to read or

write. We consider someone illiterate if the person cannot

read or write a simple message such as instructions or

inventory lists even though the person can sign his or her

name. Generally, an illiterate person has had little or no

formal schooling.

Policy Interpretation

I. Categories of High School Education and Above,

Limited Education, and Marginal Education

n inability to read or

write. We consider someone illiterate if the person cannot

read or write a simple message such as instructions or

inventory lists even though the person can sign his or her

name. Generally, an illiterate person has had little or no

formal schooling.

Policy Interpretation

I. Categories of High School Education and Above,

Limited Education, and Marginal Education

We generally use the highest numerical grade

level of formal education an individual has completed in

school regardless of the language used for instruction to

determine whether the individual belongs in the education

category of high school education and above, limited

education, or marginal education. An individual's

highest numerical grade level generally reflects the

individual's educational abilities, such as

reasoning, arithmetic, and communication skills. [10] The highest numerical grade

level that the individual completed in school, however, may

not represent his or her actual educational

abilities. [11] Evidence such

as past work experience, the kind of responsibility an

individual may have had when working, daily activities,

hobbies, results of testing, community projects, or

vocational training, may show that an individual's

actual educational abilities are higher or lower than his

or her formal education level. In such situations, we may

assign an individual to a higher or lower education

category, as appropriate.

Further, when determining the appropriate education

category, we may consider whether an individual received

special education. For example, an extensive history of

special education may show that the individual's

educational abilities are lower than the actual grade he or

she completed.

situations, we may

assign an individual to a higher or lower education

category, as appropriate.

Further, when determining the appropriate education

category, we may consider whether an individual received

special education. For example, an extensive history of

special education may show that the individual's

educational abilities are lower than the actual grade he or

she completed.

We, however, will not find an individual's

education category to be lower than his or her highest

level of formal education based solely on an

individual's history of having received special

education. In all cases, we determine facts on an

individual basis. Therefore, to assign an individual to an

education category lower or higher than his or her highest

level of formal education, there must be specific evidence

supporting the finding in the determination or

decision.

When determining the appropriate education

category, we will not consider whether an individual

attained his or her education in another country or whether

the individual lacks English language proficiency. Neither

the country in which an individual was educated nor the

language an individual speaks informs us about whether the

individual's reasoning, arithmetic, and language

abilities are commensurate with his or her formal education

level. [12]

Generally, when determining the appropriate

education category, we will use the information an

individual provides. We may request relevant records, such

as school or government records, to verify the reported

level of formal education and educational abilities.

II. Category of Illiteracy

A. Generally

We consider an individual illiterate if he or she

cannot read or write a simple message, such as instructions

or inventory lists, even though the individual can sign his

or her name. [13] We will

assign an individual to the illiteracy category only if the

individual is unable to read or write a simple message in

any language.

tional abilities.

II. Category of Illiteracy

A. Generally

We consider an individual illiterate if he or she

cannot read or write a simple message, such as instructions

or inventory lists, even though the individual can sign his

or her name. [13] We will

assign an individual to the illiteracy category only if the

individual is unable to read or write a simple message in

any language.

B. Formal education and the ability to read

and write a simple message

Generally, an individual's educational level

is a reliable indicator of the individual's ability

to read and write a simple message. A strong correlation

exists between formal education and literacy, which under

our rules means an ability to read and write a simple

message. Most individuals learn to read and write at least

a simple message by the time they complete fourth grade,

regardless of whether the schooling occurred in the United

States or in another country. [14] We will therefore use an

individual's formal education level as the starting

point to determine whether the individual is illiterate.

If evidence suggests an individual may be

illiterate, we will determine whether the illiteracy

category is appropriate as follows:

- Individuals who completed at least a fourth grade

education Most individuals who have completed at least

fourth grade can read and write a simple message. We will

generally find that an individual who completed fourth

grade or more is able to read and write a simple message

and is therefore not illiterate. We may still find, however, that an individual with

at least a fourth grade education is illiterate if the

individual provides evidence showing that despite having

completed fourth grade or more, he or she cannot, in fact,

read or write a simple message in any language

ividual who completed fourth

grade or more is able to read and write a simple message

and is therefore not illiterate. We may still find, however, that an individual with

at least a fourth grade education is illiterate if the

individual provides evidence showing that despite having

completed fourth grade or more, he or she cannot, in fact,

read or write a simple message in any language. Examples of

relevant evidence may include whether an individual: has received long-term special education related to

difficulty learning to read or write at a basic level; lacks work history due to an inability to read or

write; has valid intelligence test results demonstrating an

inability to read or write a simple message; has valid reading and writing test results demonstrating

an inability to read or write a simple message; and has any other evidence demonstrating an inability to

read or write a simple message. We will assign an individual who completed fourth

grade education or more to the illiteracy category only if

the evidence supports the finding that despite having

completed fourth grade education or more, the individual is

unable to read or write a simple message in any language.

We will not rely on test results alone to determine that

illiteracy is the appropriate education category for an

individual.

- Individuals who completed less than a fourth grade

education Formal education is not the only way individuals

learn to read and write; therefore, we do not make any

general finding that illiteracy is the appropriate category

for individuals who have not completed a fourth grade

education. The mere fact that an individual has little or

no formal education does not mean that the individual is

unable to read or write. Therefore, we will consider all

relevant evidence in the claim to determine whether

illiteracy is the appropriate education category

general finding that illiteracy is the appropriate category

for individuals who have not completed a fourth grade

education. The mere fact that an individual has little or

no formal education does not mean that the individual is

unable to read or write. Therefore, we will consider all

relevant evidence in the claim to determine whether

illiteracy is the appropriate education category. Examples

of relevant evidence may include whether an individual: has worked in the past and the responsibilities he or

she had when working; can read, write, and understand short and simple

statements in everyday life, such as shopping lists, short

notes, and simple directions; can read newspapers or books; can read and write simple emails or text messages; had any vocational training or certification requiring

reading and writing; has or ever had a driver's license that required

passing a written test; and has any other evidence demonstrating an inability to

read or write a simple message. We will assign an individual to the illiteracy category

only if the evidence supports a finding that the individual

is unable to read or write a simple message in any

language. We will not, however, rely on test results alone

to determine that illiteracy is the appropriate education

category for an individual.

Individuals who completed at least a fourth grade

education

Most individuals who have completed at least

fourth grade can read and write a simple message. We will

generally find that an individual who completed fourth

grade or more is able to read and write a simple message

and is therefore not illiterate.

We may still find, however, that an individual with

at least a fourth grade education is illiterate if the

individual provides evidence showing that despite having

completed fourth grade or more, he or she cannot, in fact,

read or write a simple message in any language. Examples of

relevant evidence may include whether an individual:

e a simple message

and is therefore not illiterate.

We may still find, however, that an individual with

at least a fourth grade education is illiterate if the

individual provides evidence showing that despite having

completed fourth grade or more, he or she cannot, in fact,

read or write a simple message in any language. Examples of

relevant evidence may include whether an individual:

- has received long-term special education related to

difficulty learning to read or write at a basic level;

- lacks work history due to an inability to read or

write;

- has valid intelligence test results demonstrating an

inability to read or write a simple message;

- has valid reading and writing test results demonstrating

an inability to read or write a simple message; and

- has any other evidence demonstrating an inability to

read or write a simple message.

has received long-term special education related to

difficulty learning to read or write at a basic level;

lacks work history due to an inability to read or

write;

has valid intelligence test results demonstrating an

inability to read or write a simple message;

has valid reading and writing test results demonstrating

an inability to read or write a simple message; and

has any other evidence demonstrating an inability to

read or write a simple message.

We will assign an individual who completed fourth

grade education or more to the illiteracy category only if

the evidence supports the finding that despite having

completed fourth grade education or more, the individual is

unable to read or write a simple message in any language.

We will not rely on test results alone to determine that

illiteracy is the appropriate education category for an

individual.

Individuals who completed less than a fourth grade

education

illiteracy category only if

the evidence supports the finding that despite having

completed fourth grade education or more, the individual is

unable to read or write a simple message in any language.

We will not rely on test results alone to determine that

illiteracy is the appropriate education category for an

individual.

Individuals who completed less than a fourth grade

education

Formal education is not the only way individuals

learn to read and write; therefore, we do not make any

general finding that illiteracy is the appropriate category

for individuals who have not completed a fourth grade

education. The mere fact that an individual has little or

no formal education does not mean that the individual is

unable to read or write. Therefore, we will consider all

relevant evidence in the claim to determine whether

illiteracy is the appropriate education category. Examples

of relevant evidence may include whether an individual:

- has worked in the past and the responsibilities he or

she had when working;

- can read, write, and understand short and simple

statements in everyday life, such as shopping lists, short

notes, and simple directions;

- can read newspapers or books;

- can read and write simple emails or text messages;

- had any vocational training or certification requiring

reading and writing;

- has or ever had a driver's license that required

passing a written test; and

- has any other evidence demonstrating an inability to

read or write a simple message.

has worked in the past and the responsibilities he or

she had when working;

can read, write, and understand short and simple

statements in everyday life, such as shopping lists, short

notes, and simple directions;

can read newspapers or books;

can read and write simple emails or text messages;

had any vocational training or certification requiring

reading and writing;

has or ever had a driver's license that required

passing a written test; and

d when working;

can read, write, and understand short and simple

statements in everyday life, such as shopping lists, short

notes, and simple directions;

can read newspapers or books;

can read and write simple emails or text messages;

had any vocational training or certification requiring

reading and writing;

has or ever had a driver's license that required

passing a written test; and

has any other evidence demonstrating an inability to

read or write a simple message.

We will assign an individual to the illiteracy category

only if the evidence supports a finding that the individual

is unable to read or write a simple message in any

language. We will not, however, rely on test results alone

to determine that illiteracy is the appropriate education

category for an individual.

[2] See 20 CFR 404.1545 and 416.945 . RFC is the most an individual can do

despite his or her limitations.

[3] See 20 CFR 404.1520(g) ,

404.1560(c), 416.920(g) , and 416.960(c) .

[4] See 20 CFR 404.1564 and 416.964 .

[5] See 20 CFR 404.1564(a) and 416.964(a) .

[6] Id.

[7] Id.

[8] See 20 CFR 404.1564(b)(1)-(4) and 416.964(b)(1)-(4) .

We no longer have an education category of “inability to communicate

in English” as of April 27, 2020. We published a final rule

“Removing the Inability to Communicate in English as an Education

Category” that removed this education category on February 25,

2020 (85 FR 10586).

[9] We consider a general educational development (GED) certification as

equivalent to high school education.

[10] See 20 CFR 404.1564(b) and 416.964(b) .

[11] Id.

[12] Specific to language abilities, if there is a question as to whether an

individual's actual language abilities are higher or lower than his or

her formal education level, we use the language in which the individual

most effectively communicates. For most individuals, this language is

the language that they use in most situations, including at home, work,

school, and in the community.

d.

[12] Specific to language abilities, if there is a question as to whether an

individual's actual language abilities are higher or lower than his or

her formal education level, we use the language in which the individual

most effectively communicates. For most individuals, this language is

the language that they use in most situations, including at home, work,

school, and in the community.

[13] See 20 CFR 404.1564(b)(1) and 416.964(b)(1) .

[14] Typically, fourth grade is when students transition from a focus

on learning to read to a focus on reading to learn. See Reading

Achievement of U.S. Fourth-Grade Students in an International Context, https://nces.ed.gov/pubs2018/2018017.pdf , p.1. The rate of literacy

(defined as an ability to understand, read, and write a short, simple

statement on everyday life) increased from 33.4% with one year of

primary schooling to 95.3% with four years of primary schooling. How Was

Life?: Global Well-being since 1820, OECD Publishing, Juan Luitan van

Zanden., et al. (eds.) (2014), p. 91, available at https://read.oecd-ilibrary.org/economics/how-was-life_9789264214262-en#page93 .

The Common Core reading and writing standards for primary schools

demonstrate that an individual who completed fourth grade

education should be able to read and write a simple message. http://www.corestandards.org/assets/CCSSI_ELA%20Standards.pdf ,

pp.10-33. Finally, the Progress in International Reading Literacy

Study, an international assessment of student performance

in reading at the fourth grade, shows that the majority of

countries that participated in the study were able to educate

nearly all their students to a basic level of reading achievement. See http://timssandpirls.bc.edu/pirls2016/international-results/pirls/performance-at-international-benchmarks/ and https://nces.ed.gov/pubs2018/2018017.pdf , pp. 4, 9-10.

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