SSR 82-63: Rescinded

Rescinded and replaced effective June 22, 2024 by SSR 24-1p

(PPS-79)

SSR 82-63

PURPOSE: To clarify that there are two "medical-vocational

profiles" which show an inability to make a vocational adjustment to other

work (or any work) and which must be considered before a disability

decision-maker refers to Appendix 2 of Subpart P of Regulations No. 4 to

determine whether a claimant can do work which exists in significant

numbers in the national economy, considering the interaction of the

claimant's residual functional capacity (RFC), age, education, and work

experience. The characteristics of these two profiles are: (1) marginal

education and long work experience limited to arduous unskilled physical

labor and (2) advanced age, limited education and no work experience.

CITATIONS (AUTHORITY): Sections 223(d)(2)(A) and 1614(a)(3)(B) of

the Social Security Act, as amended; Regulations No. 4, Subpart P,

sections 404.1505(a), 404.1520(f), 404.1521, 404.1545, 404.1560, 404.1561,

404.1562, 404.1563(d), 404.1564, 404.1565, and 404.1568; Appendix 2 of

Subpart P, Regulations No. 4, sections 203.00(b) and (c); and Regulations

No. 16, Subpart I, sections 416.905(a), 416.920(f), 416.921, 416.945,

416.960, 416.961, 416.962, 416.963(d), 416.964, 416.965 and 416.968.

INTRODUCTION: The law provides that, in order to be found

disabled, an individual (except for a title II widow, widower, or

surviving divorced spouse or a title XVI child younger than age 18 or a

"statutorily blind" individual) must have a medically determinable

physical or mental impairment(s) of such severity that he or she is not

only unable to do previous work but cannot, considering his or her age,

education, and work experience, engage in any other kind of substantial

gainful work which exists in the national economy

rced spouse or a title XVI child younger than age 18 or a

"statutorily blind" individual) must have a medically determinable

physical or mental impairment(s) of such severity that he or she is not

only unable to do previous work but cannot, considering his or her age,

education, and work experience, engage in any other kind of substantial

gainful work which exists in the national economy. Sections

404.1520/416.920 of the regulations provide a sequential evaluation

process whereby current work activity, severity and duration of the

impairment(s), ability to do past work, and vocational factors are

considered in that order. In the fifth and last step of the sequential

evaluation process, consideration is given to the impaired individual's

capability to perform other work differing from that of his or her past

relevant work experience (or, in the case of a person without work

experience, his or her capability to begin to work). At this step, we

consider what the person can do functionally and the vocational factors of

his or her age, education, and work experience.

Work Experience Limited to Arduous Unskilled Physical Labor

Regulations issued in 1957 to implement the title II disability program

provided for the consideration of vocational factors in addition to the

primary consideration given to the severity of the worker's impairment.

In 1960, section 404.1502(c) was added to the regulations as the first

specific directive for a finding of disability based on both medical and

vocational factors. That section described an individual whose vocational

limitations are so restrictive that the existence of an impairment which

prevents the individual from doing his or her usual level of work would

ordinarily justify a finding of disability. The provisions of former

section 404.1502(c) are now reflected in sections 404.1562/416.962 of the

regulations

th medical and

vocational factors. That section described an individual whose vocational

limitations are so restrictive that the existence of an impairment which

prevents the individual from doing his or her usual level of work would

ordinarily justify a finding of disability. The provisions of former

section 404.1502(c) are now reflected in sections 404.1562/416.962 of the

regulations. These sections address the claimant who has only a marginal

education and work experience limited to 35 years or more of arduous

unskilled physical labor. Rule 203.01 in Table No. 3 of Appendix 2

somewhat approximates the criteria in those sections. However, should rule

203.01 be referred to before sections 404.1562/416.962, an individual

younger than age 60 with a background of 35 years or more in unskilled

arduous physical labor might be overlooked.

No Work Experience

Under title II, a person must have a significant and recent attachment to

the work force to acquire disability insured status.

Disability benefits under title XVI were first payable in 1974. Under the

title XVI program, financial need -- low income and resources -- is an

eligibility criterion rather than disability insured status. However, the

disability evaluation standards are essentially the same for both titles

II and XVI. Since a large number of title XVI claimants have little or no

work history, the question arose as to how much adjudicative weight should

be given to the absence of work experience. The lack of work experience is

a vocationally adverse factor in that a person who has not been in the

labor market has not developed any basic knowledge of work products or

services, the ability to relate and communicate to supervisors and

coworkers, the work habits of scheduling time, etc

uestion arose as to how much adjudicative weight should

be given to the absence of work experience. The lack of work experience is

a vocationally adverse factor in that a person who has not been in the

labor market has not developed any basic knowledge of work products or

services, the ability to relate and communicate to supervisors and

coworkers, the work habits of scheduling time, etc. Recognizing that as a

person grows older the ability to compensate for the lack of work

experience diminishes, the Social Security Administration (SSA)

established a policy in 1975 which provided that, up to a point, all other

factors being equal, claimants without work experience and those who have

performed only unskilled work would be treated the same. That point is

advanced age. The policy decision, in effect, directs a finding of

disability where a person has a severe impairment of any nature, is of

advanced age, has only the limited educational competence required for

unskilled work, and has no work experience at all or no recent and

relevant work experience.

Rules 203.02 and 203.10 in Table No. 3 of Appendix 2 reflect the policy

decision in July 1975 with respect to persons who have a severe exertional

impairment which limits them to the medium level of work exertion.

However, should only rules 203.02 and 203.10 be considered, a person with

a severe nonexertional impairment who is of advanced age, has a limited

education, and has no recent and relevant work experience might not be

found to be disabled.

POLICY STATEMENT: When an adjudicator has reached the last step of

the sequential evaluation process -- sections 404.1520(f)/416.920(f) of

the regulations -- he or she must consider two medical-vocational profiles

which direct decisions of disability before considering the numbered rules

in Appendix 2 of the regulations.

Severity of Impairment

erience might not be

found to be disabled.

POLICY STATEMENT: When an adjudicator has reached the last step of

the sequential evaluation process -- sections 404.1520(f)/416.920(f) of

the regulations -- he or she must consider two medical-vocational profiles

which direct decisions of disability before considering the numbered rules

in Appendix 2 of the regulations.

Severity of Impairment

For the purpose of evaluation under sections 404.1562/416.962 of the

regulations, an impairment must be severe and prevent the performance of

arduous physical labor. It is necessary to assess the person's RFC and to

relate it to the physical and mental demands of his or her arduous work

background.

History of Arduous Unskilled Work

The individual's work history must have the following characteristics:

Marginal education

EFFECTIVE DATE: The policy explained herein was effective on

August 20, 1980, the date the regulations covering the basic policy in the

subject area were effective (45 FR 55566).

CROSS-REFERENCES: Program Operations Manual System, Part 4

(Disability Insurance State Manual Procedures) sections DI 2041C, 2381,

and 2387B.6.