80 FR 55050 - Vocational Factors of Age, Education, and Work Experience in the Adult Disability Determination Process

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 80, Issue 177 (September 14, 2015)

Page Range		55050-55052
FR Document		2015-22839

We are soliciting public input about how we should consider the vocational factors of age, education, and work experience in adult disability claims under titles II and XVI of the Social Security Act (Act). There have been significant changes in technology use and workforce demographics since we first adopted our vocational factor regulations in 1978. We are requesting public comments, along with any supporting data, to assist in our efforts to streamline, simplify, and ensure the ongoing relevance of our disability determination programs.

Federal Register, Volume 80 Issue 177 (Monday, September 14, 2015)

[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Proposed Rules]
[Pages 55050-55052]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-22839]

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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404 and 416

[Docket No. SSA-2014-0081]
RIN 0960-AH74

Vocational Factors of Age, Education, and Work Experience in the
Adult Disability Determination Process

AGENCY: Social Security Administration.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: We are soliciting public input about how we should consider
the vocational factors of age, education, and work experience in adult
disability claims under titles II and XVI of the Social Security Act
(Act). There have been significant changes in technology

[[Page 55051]]

use and workforce demographics since we first adopted our vocational
factor regulations in 1978. We are requesting public comments, along
with any supporting data, to assist in our efforts to streamline,
simplify, and ensure the ongoing relevance of our disability
determination programs.

DATES: To be sure that we consider your comments, we must receive them
no later than November 13, 2015.

ADDRESSES: You may submit comments by any one of three methods--
Internet, fax, or mail. Do not submit the same comments multiple times
or by more than one method. Regardless of which method you choose,
please state that your comments refer to Docket No. SSA-2014-0081, so
that we may associate your comments with the correct regulation.
Caution: You should be careful to include in your comments only
information that you wish to make publicly available. We strongly urge
you not to include in your comments any personal information, such as
Social Security numbers or medical information.
1. Internet: We strongly recommend that you submit your comments
via the Internet. Please visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Search function to find docket number
SSA-2014-0081. The system will issue a tracking number to confirm your
submission. You will not be able to view your comment immediately
because we must post each comment manually. It may take up to a week
for your comment to be viewable.
2. Fax: Fax comments to (410) 966-2830.
3. Mail: Address your comments to the Office of Regulations and
Reports Clearance, Social Security Administration, 3100 West High Rise
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401.
Comments are available for public viewing on the Federal
eRulemaking portal at http://www.regulations.gov or in person, during
regular business hours, by arranging with the contact person identified
below.

FOR FURTHER INFORMATION CONTACT: Mary Quatroche, Office of Disability
Policy, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235-6401, (410) 966-4794. For information on
eligibility or filing for benefits, call our national toll-free number,
1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site,
Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION:

Background

The Act defines ``disability'' for titles II and 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.'' \1\ The Act
also states that ``[a]n 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. For purposes of the
preceding sentence (with respect to any individual), ``work which
exists in the national economy'' means work which exists in significant
numbers either in the region where such individual lives or in several
regions of the country.\2\
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\1\ 42 U.S.C. 423(d)(1)(A) and 1382c(a)(3)(A); see also 20 CFR
404.1505(a) and 416.905(a).
\2\ 42 U.S.C. 423(d)(2)(A) and 1382c(a)(3)(B).
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We use a five-step sequential evaluation process to determine
whether an adult is disabled under the Act.\3\ If we can make a
determination or decision whether a claimant is disabled or not
disabled at a step, we do not go on to the next step.\4\ If we cannot
make a determination or decision at a step, we continue to the next
step in the sequential evaluation process.\5\
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\3\ 20 CFR 404.1520(a)(4) and 416.920(a)(4).
\4\ Id.
\5\ Id.
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The vocational factors of age, education, and work experience are
relevant at step 5 when we consider a claimant's capacity to adjust to
other work. Specifically, at step 5 we consider whether a claimant's
impairment(s) prevents him or her from doing any other work that exists
in significant numbers in the national economy, considering his or her
residual functional capacity (RFC) \6\ and the vocational factors of
age,\7\ education,\8\ and work experience.\9\ If we find that the
claimant does not have the capacity to adjust to other work that exists
in significant numbers in the national economy, we find the claimant
disabled. If we find that the claimant has the capacity to adjust to
other work, we find the claimant not disabled. We do not consider an
individual's ability to obtain work.\10\
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\6\ The RFC is the individual's maximum remaining ability to do
sustained work activities in an ordinary work setting on a regular
and continuing basis. See 20 CFR 404.1545 and 416.945.
\7\ See 20 CFR 404.1520(a)(4)(v), 404.1563, 416.920(a)(4)(v),
and 416.963.
\8\ See 20 CFR 404.1520(a)(4)(v), 404.1564, 416.920(2)(4)(v),
and 416.964.
\9\ See 20 CFR 404.1520(a)(4)(v), 404.1565, 416.920(a)(4)(v),
and 416.965.
\10\ See 20 CFR 404.1566(c) and 416.966(c).
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To help make our step 5 determination, we use both the medical-
vocational profiles (the profiles) \11\ and the medical-vocational
guidelines (the guidelines) when appropriate.\12\ The profiles and the
guidelines are based on several assumptions:
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\11\ See 20 CFR 404.1562 and 416.962 and POMS DI 25010.001.
\12\ See 20 CFR part 404 Subpart P Appendix 2.
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We consider aging to be a limiting factor in a person's
ability to adjust to other work.
We consider higher levels of education and certain types
of recent education to enhance a person's ability to adjust to other
work.
We consider that an individual who has done skilled or
semi-skilled work may have acquired skills and abilities from that past
work. Those acquired skills and abilities may be transferable to other
work. Under our rules, unskilled work does not convey transferable
skills to an individual.

What is the purpose of this ANPRM?

We are soliciting public comments along with supporting research
and data about how vocational factors such as age, education, and work
experience affect an individual's ability to adjust to other work that
exists in the national economy. In addition to seeking public input on
the specific questions below, we are also asking for public assistance
to help identify research and data to assist us.

What will we consider when we decide whether to propose revisions?

We will consider the public comments in addition to other input,
research, and data that we obtain through other methods. This ANPRM is
one component of the our larger effort to collect information about how
we consider the vocational factors of age, education, and work
experience when we determine whether an individual can adjust to other
work. We commissioned several studies and are examining how the
vocational factors influence an individual's ability to adjust to doing
new work. For your consideration while preparing your comments to this
ANPRM, these studies are included in the References section of

[[Page 55052]]

this notice, and are included in the docket folder for this rule at
http://www.regulations.gov. In addition, we are undertaking outreach
efforts to engage federal and private stakeholders, including the
scientific community. We will consider the results of these
information-gathering efforts collectively when we evaluate how to
consider the vocational factors in determining whether an individual
can adjust to other work.

What should you comment about?

When we determine whether an individual can adjust to other work,
we consider an individual's functional capacities and limitations, the
occupational base in the national economy, and the vocational factors
of age, education, and work experience. We have ongoing activities
related to each of these considerations. Although complementary, our
activities related to functional limitations and the occupational base
are independent and are occurring on separate timeframes from our
effort on the vocational factors. Accordingly, we are narrowing the
scope of this ANPRM to solicit public comments on only the vocational
factors. We are not soliciting public comments on how we assess an
individual's functional limitations. We are also not soliciting public
comments in this notice on sources of occupational data we use at step
5, such as the Dictionary of Occupational Titles, because we are
working with the Bureau of Labor Statistics (BLS) to test the
collection of updated occupational information that we intend to use to
develop a new occupational information system.\13\
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\13\ You can find more information on this effort on the BLS Web
site at http://www.bls.gov/ors/, and on our Web site at http://www.ssa.gov/disabilityresearch/occupational_info_systems.html.
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Specifically, given today's work environment and advances in
technology and medicine, we are seeking public input, research, and
data about the following:
1. Is the factor of age predictive in determining an individual's
ability to work or to adjust to other work? If it is predictive, what
are the vocationally significant age milestones we should consider? If
it is not predictive, what data support that assertion?
2. When determining if age affects an individual's ability to work
or to adjust to other work, what other factors or combination of
factors should we consider?
3. Does an individual's educational level affect an individual's
ability to do work or to adjust to other work? If so, how? What data
support the conclusion that an individual's educational level does or
does not affect an individual's ability to do work or to adjust to
other work? How does literacy affect an individual's ability to do work
or adjust to other work?
4. Does the skill level of an individual's past work affect his or
her ability to adjust to other work? If so, how? What data support the
conclusion that the skill level of an individual's past work does or
does not affect an individual's ability to do work or to adjust to
other work? How does the skill level of an individual's past work
considered along with an individual's educational level affect this
adjustment?
5. Are there other vocational factors or combinations of vocational
factors that we should consider when determining an individual's
ability to do work or to adjust to other work?

Will we respond to your comments?

We will consider all relevant public comments we receive about this
notice, but we will not respond directly to them. If we decide to
propose specific revisions to the vocational factors we consider when
we determine an individual's ability to do work or to adjust to other
work, we will publish a notice of proposed rulemaking in the Federal
Register, and you will have a chance to comment on any revisions we
propose.

References

Library of Congress, ``Vocational Factors in the Social Security
Disability Decision Process: A Review of the Literature'' (December
1998).
American Institutes for Research, ``The Impact of Age, Education,
and Work Experience on Determining Eligibility for Social Security
Disability Insurance: A Synthesis of Recent Literature'' (2000).
American Institutes of Research, ``Investigation of Non-Medical
Factors Used in SSA's Medical-Vocational Process: A Research Review
of Age, Education, and Skills as Related to SSA's Disability
Determination Process'' (August 2002).
Mathematica Center for Studying Disability Policy, ``Vocational
Factors in the Social Security Disability Determination Process: A
Literature Review'' (July 2014) (available at: http://
www.mathematica-mpr.com/~/media/publications/pdfs/disability/
drc_wp_2014-07_voc_factors_determinations.pdf)
Social Security Administration, Office of Research, Evaluation, and
Statistics, ``Evidence Synthesis: The Use of Vocational Factors in
the Disability Determination Process'' (September 2014).

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, Reporting and recordkeeping
requirements, Social security.

Dated: July 30, 2015.
Carolyn W. Colvin,
Acting Commissioner of Social Security.
[FR Doc. 2015-22839 Filed 9-11-15; 8:45 am]
BILLING CODE 4191-02-P

Document Created: 2018-02-26 10:14:57
Document Modified: 2018-02-26 10:14:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Advance notice of proposed rulemaking.
Dates		To be sure that we consider your comments, we must receive them no later than November 13, 2015.
Contact		Mary Quatroche, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 966-4794. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, Social Security Online, at http://www.socialsecurity.gov.
FR Citation		80 FR 55050
RIN Number		0960-AH74
CFR Citation		20 CFR 404 20 CFR 416
CFR Associated		Administrative Practice and Procedure; Blind; Disability Benefits; Old-Age; Survivors and Disability Insurance; Reporting and Recordkeeping Requirements and Social Security