TN 2 (07-08)

There already is an indication that an individual will stay off the disability or blindness rolls based on DDS’ determination that he/she is no longer disabled or blind. A determination is needed as to whether the individual’s completion of the VR or similar program, or continuation in the program for a specified period of time, will increase the likelihood that the individual will not return to the disability or blindness rolls.

NOTE: Prior to July 25, 2005, completion or continuation of the program needed to significantly increase the likelihood that the individual would remain permanently off the disability or blindness benefit rolls.

A. Procedure - Students age 18 through 21 participating in an IEP

For a student age 18 through 21 who is currently participating in an IEP under the IDEA, find that the student’s completion of or continuation in the IEP will increase the likelihood that he/she will not return to the disability or blindness benefit rolls without further development of likelihood.

For an individual who has completed an IEP and is participating in post-IEP transition services (e.g., employment support), perform a likelihood determination for those transition services using the criteria in DI 14510.020B.

B. Procedure – Individuals participating in other programs

For all other individuals, review section A, B, or C of Part II of the SSA-4290-F4. Questions in these sections ask the provider to indicate the employment goal of the individual’s IWP, IPE, or similar individualized written employment plan, and to describe the education, work skills, and/or work experience that the individual will acquire by completing the plan or by continuing to participate in the plan for a specified period of time. To determine that completion of the program, or continuation in the program for a specified period of time, will increase the likelihood that the individual will not return to the disability or blindness rolls, the examiner must find that the individual’s completion of or continuation in the program will provide the individual with:

• Work experience that will make it more likely that, in the future, we would find that the individual is able to do past relevant work, despite a possible future reduction in his/her residual functional capacity; or

• Education and/or skilled or semi-skilled work experience that will make it more likely that, in the future, we would find that the individual is able to adjust to other work that exists in the national economy, despite a possible future reduction in his/her residual functional capacity.

NOTE: If an individual is participating in the Treatment group of PROMISE as defined in POMS DI 14505.010B.6.a, find that the individual’s completion of or continuation in the program will increase the likelihood that he/she will not return to the disability or blindness benefit rolls without further development of likelihood.

1. Evaluating work experience that will increase likelihood of doing past relevant work

For purposes of making a likelihood determination, work experience means skills and abilities the individual will acquire through work he/she will perform while participating in his/her plan. The work experience should provide the individual with skills that he/she can use in past relevant or similar work.

The individual must be expected to perform such work long enough to learn to do it, and the experience must result in work performed at the substantial gainful activity level. The physical and mental demands of the work should be such that the individual would still be able to meet those demands despite a reduction in residual functional capacity.

a. Definition of past relevant work

Past relevant work is work that an individual performed within the past 15 years, was at the substantial gainful activity level, and lasted long enough for him/her to learn to do it.

b. Definition of Residual Functional Capacity

Residual functional capacity (RFC) refers to what the individual can still do despite his/her impairments; it is the individual’s capacity to perform work-related activities.

2. Evaluating education that will increase likelihood of adjusting to other work

Education means formal schooling or other training which contributes to the individual’s ability to meet vocational requirements, for example, reasoning ability, communication skills, and arithmetic.

The education and/or training should provide for direct entry into skilled or semi-skilled work that exists in the national economy at the substantial gainful activity level. The physical and mental demands of the work should be such that the individual would still be able to meet those demands despite a reduction in residual functional capacity.

3. Evaluating skilled or semi-skilled work experience that will increase likelihood of adjusting to other work

Skilled or semi-skilled work experience should provide the individual with skills that will enable him/her to adjust to other work (different from past relevant work) that exists in the national economy, at the substantial gainful activity level, despite a possible future reduction in his/her residual functional capacity.

To evaluate the skills the individual will acquire as a result of completing his/her employment plan (or continuing in the plan for a specified period of time) and to determine the existence in the national economy of work the individual will be able to do despite a possible future reduction in his/her RFC, the examiner will need to know if the work goal is an unskilled, semi-skilled, or skilled occupation. The examiner should use the Dictionary of Occupational Titles at http://www.oalj.dol.gov/libdot.htm for occupational information. Additional resources for classifying occupations are VR specialists at http://www.socialsecurity.gov/work/ServiceProviders/rehabproviders.html, and the Occupational Information Network at http://online.onetcenter.org/.

In classifying occupations, use the following definitions:

• Unskilled work involves simple duties that can be learned on the job in a short period of time and requires little or no judgment.

• Semi-skilled work requires some skills and judgment but does not require doing the more complex work duties.

• Skilled work requires an individual to use judgment to determine the tasks to be performed and may require dealing with people, facts, figures or abstract ideas at a high level of complexity.

• Transferability of skills means skills that can be used in other jobs. Skills are transferable when the skilled or semi-skilled work activities the individual did in past work can be used to meet the requirements of skilled or semi-skilled work activities of other jobs or kinds of work. Transferability depends largely on the similarity of occupationally significant work activities among different jobs. See DI 25015.015A.3.g. for special rules regarding transferability of skills for individuals age 55 or over.

4. Determining whether work exists in the national economy

Work is considered to exist in the national economy when it exists in significant numbers either in the region where the individual lives or in several other regions of the country. It does not matter whether the work exists in the immediate area in which the individual lives, a specific job vacancy exists, or the individual would be hired if he/she applied for work. Isolated jobs that exist only in very limited numbers in relatively few locations outside of the region where the individual lives are not considered work which exists in the national economy.