Federal Register, Volume 89 Issue 110 (Thursday, June 6, 2024)

[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48477-48479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12413]

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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2024-0002]

Social Security Ruling, SSR 24-1p. Titles II and XVI: How We
Apply Medical-Vocational Profiles

AGENCY: Social Security Administration.

ACTION: Notice of Social Security Ruling (SSR).

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SUMMARY: We are providing notice of SSR 24-1p. This SSR explains how we
apply the medical-vocational profiles in establishing disability under
titles II and XVI of the Social Security Act (Act) and our implementing
regulations. This ruling rescinds and replaces SSR 82-63.

DATES: We will apply this notice on June 22, 2024.

FOR FURTHER INFORMATION CONTACT: Mary Quatroche, Social Security
Administration, Office of Disability Policy, 6401 Security Boulevard,
Baltimore, MD 21235-6401, (410) 966-4794 or TTY 410-966-5609, for
information about this notice. 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
https://www.ssa.gov.

SUPPLEMENTARY INFORMATION: Although 5 U.S.C. 552(a)(1) and (a)(2) do
not require us to publish this SSR, we are publishing it in accordance
with 20 CFR 402.35(b)(1).
SSRs represent precedential final opinions, orders, and statements
of policy and interpretations that we have adopted relating to the
Federal Old Age, Survivors, and Disability Insurance program, and
Supplemental Security Income program. We may base SSRs on
determinations or decisions made in our administrative review process,
Federal court decisions, decisions of our Commissioner, opinions from
our Office of the General Counsel, or other interpretations of law and
regulations.
Although SSRs do not have the same force and effect as law, they
are binding on all SSA components in accordance with 20 CFR
402.35(b)(1).
This SSR will remain in effect until we publish a notice in the
Federal Register that rescinds it, or until we publish a new SSR that
replaces or modifies it.
The Commissioner of Social Security, Martin O'Malley, having
reviewed and approved this document, is delegating the authority to
electronically sign this document to Faye I. Lipsky, who is the primary
Federal Register Liaison for the Social Security Administration, for
purposes of publication in the Federal Register.

Faye I. Lipsky,
Federal Register Liaison, Office of Legislation and Congressional
Affairs, Social Security Administration.

Policy Interpretation Ruling

SSR 24-1p: Titles II and XVI: How We Apply the Medical-Vocational
Profiles

This Social Security Ruling (SSR) rescinds and replaces SSR 82-63.
Purpose: The purpose of this SSR is to explain how we apply the
three medical-vocational profiles. These profiles represent
combinations of the vocational factors of age, education, and work
experience that are so unfavorable that an individual who meets one of
them will be found to be unable to adjust to other work at step five of
the sequential evaluation process without reference to the medical-
vocational guidelines. The three medical-vocational profiles are the
following: arduous unskilled work, no work, and lifetime commitment.
Citations (Authority): 42 U.S.C. 416(i), 423(d), and 1382c(a); 20
CFR 404.1520, 404.1560, 404.1562, 416.920, 416.960, and 416.962.
Dates: We will apply this SSR on June 22, 2024.\1\
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\1\ We will use this SSR beginning on its applicable date. We
will apply this SSR to new applications filed on or after the
applicable date of the SSR and to claims that are pending on and
after the applicable date. This means that we will use this SSR on
and after its applicable date in any case in which we make a
determination or decision. We expect that Federal courts will review
our final decisions using the rules that were in effect at the time
we issued the decisions. If a court reverses our final decision and
remands a case for further administrative proceedings after the
applicable date of this SSR, we will apply this SSR to the entire
period at issue in the decision we make after the court's remand.
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Policy Interpretation

To be disabled under title II of the Act, or as an adult under
title XVI of the Act,\2\ a claimant must be unable to engage in any
substantial gainful activity (SGA) by reason of one or more medically
determinable physical or mental impairments which can be expected to
result in death, or which has lasted or can be expected to last for a
continuous period of at least 12 months.\3\ The Act also states that an
individual shall be determined to have a disability only if their
physical or mental impairment(s) is of such severity that they are not
only unable to do their previous work but cannot, considering their
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
they live, or whether a specific job vacancy exists for them, or
whether they will be hired if

[[Page 48478]]

they apply for work.\4\ The Act defines work which exists in the
national economy as work which exists in significant numbers either in
the region where such individual lives or in several regions of the
country.\5\
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\2\ Individuals under age 18 who apply for Supplemental Security
Income (SSI) under title XVI of the Act are disabled if they are not
performing SGA and their medically determinable physical or mental
impairment(s) causes marked and severe functional limitations and
can be expected to cause death or has lasted or can be expected to
last for a continuous period of 12 months. See 42 U.S.C.
1382c(a)(3)(C) and 20 CFR 416.906.
\3\ See 42 U.S.C. 416(i), 423(d), and 1382c(a). See also 20 CFR
404.1505, 404.1521, 416.905, and 416.921.
\4\ 42 U.S.C. 423(d)(2)(A) and 1382c(a)(3)(B).
\5\ Id.
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Medical-Vocational Profiles in the Sequential Evaluation Process

We use a five-step sequential evaluation process to determine
whether an adult is disabled.^{6 7} If we find at the fourth
step of this process that an individual cannot perform any past
relevant work (PRW) given their residual functional capacity (RFC), or
that the individual has no PRW, we will decide whether the individual
can adjust to other work at step five of the process.\8\ We have three
medical-vocational profiles that show an inability to adjust to other
work.\9\ At step five, our adjudicators must consider these medical-
vocational profiles before referring to the medical-vocational
guidelines.\10\ The three medical-vocational profiles are: (1) arduous
unskilled work, (2) no work, and (3) lifetime commitment.\11\ If an
individual's medical and vocational factors match the criteria of a
medical-vocational profile, we find the individual disabled.\12\ If
not, we consider the medical-vocational guidelines in our disability
finding.\13\
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\6\ 20 CFR 404.1520 and 416.920. The work profiles discussed in
this SSR are not relevant to those claims involving individuals
under age 18.
\7\ Once an individual is found disabled and receives benefits,
we may periodically conduct a continuing disability review (CDR) to
determine whether the individual continues to be disabled; see 20
CFR 404.1520(a)(5), 404.1594, 416.920(a)(5), and 416.994. Although
the CDR rules use a different sequential evaluation process, the
final two steps of the process used for CDRs (steps seven and eight
in title II cases and steps six and seven in adult title XVI cases)
mirror the final two steps used in the sequential evaluation process
for initial claims (steps four and five); see 20 CFR 404.1594(f)(7)-
(8) and 416.994(b)(5)(vi)-(vii).
\8\ 20 CFR 404.1520(a)(4)(v), and 416.920(a)(4)(v).
\9\ See 20 CFR 404.1520(g)(2), 404.1562, 416.920(g)(2), and
416.962; POMS DI 25010.001, available at: https://secure.ssa.gov/apps10/poms.nsf/lnx/0425010001.
\10\ 20 CFR 404.1562, 404.1569, Part 404 Subpart P Appendix 2,
416.962, and 416.969. For information about how we use the medical-
vocational guidelines in decisionmaking, see SSR 83-10: Titles II
and XVI: Determining Capability to Do Other Work--the Medical-
Vocational Rules of Appendix 2.
\11\ 20 CFR 404.1562 and 416.962; POMS DI 25010.001.
\12\ Id.
\13\ 20 CFR 404.1569 and 416.969.
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List of Questions and Answers--

The following information is in a question-and-answer format that
explains how we apply the three medical-vocational profiles.

Questions--

1. When do we consider the medical-vocational profiles in the
sequential evaluation process?
2. What are the requirements of the arduous unskilled work profile?
3. What are the requirements of the no work profile, and do we
consider an individual's RFC when determining whether an individual
meets this profile?
4. What are the requirements of the lifetime commitment profile and
how does the lifetime commitment profile apply to an individual who has
worked at multiple jobs or for multiple employers?

Answers

1. When do we consider the medical-vocational profiles in the
sequential evaluation process?
We consider whether a medical-vocational profile applies at step
five of the sequential evaluation process. An individual can only be
found disabled based on a medical-vocational profile if we have made a
finding at step four that they do not have or are unable to perform
their PRW. At step five, an adjudicator must consider whether a
medical-vocational profile applies before using the medical-vocational
guidelines.
2. What are the requirements of the arduous unskilled work profile?
The arduous unskilled work profile demonstrates the inability to
make an adjustment to other work for an individual who:
is not working at SGA level,\14\
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\14\ See 20 CFR 404.1510, 404.1572, 416.910, and 416.972.
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has a history of 35 years or more of arduous unskilled
work,\15\
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\15\ See 20 CFR 404.1568 and 416.968.
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can no longer perform this past arduous work because of a
severe impairment(s),\16\ and
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\16\ See 20 CFR 404.1522 and 416.922.
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has no more than a marginal education.\17\
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\17\ See 20 CFR 404.1564 and 416.964. Marginal education means
ability in reasoning, arithmetic, and language skills which 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. However, the numerical grade level an individual
completed in school may not reflect their actual educational
abilities. 20 CFR 404.1564(b) and 416.964(b). For more information
see SSR 20-1p: Titles II and XVI: How We Determine an Individual's
Education Category.
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We use the arduous unskilled work profile for an individual whose
work experience includes very short periods of semi-skilled or skilled
work, as long as the individual did not acquire any transferable skills
from those periods of work.\18\ We also use this medical-vocational
profile for an individual whose work experience includes longer periods
of semi-skilled or skilled work if the skill(s) acquired is not readily
transferable to lighter work.\19\
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\18\ 20 CFR 404.1568 and 416.968. We consider occupations with
specifical vocational preparation (SVP) levels one and two to be
unskilled. Occupations with SVPs of three and four are semi-skilled,
and occupations with an SVP of five or greater are skilled. See POMS
DI 25015.015 Work Experience as a Vocational Factor, available at:
https://secure.ssa.gov/apps10/poms.nsf/lnx/0425015015 and DOT
Appendix C, available at: https://www.occupationalinfo.org/appendxc_1.html#II and. For additional information about how we
consider skills from past work under our rules, see SSR 82-41:
Titles II and XVI: Work Skills and Their Transferability as Intended
by the Expanded Vocational Factors Regulations Effective February
26, 1979.
\19\ See SSR 82-41.
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Arduous work is physical work requiring a high level of strength or
endurance. Arduous work does not have to involve any specific physical
action or exertional level, but it will usually, but not always,
involve physical demands that we would classify as heavy or very heavy
based on the individual's description of their past work.\20\ Work that
we would not classify as heavy or very heavy may still be considered
arduous if, for example, it demands a great deal of stamina or if it
involves activity such as repetitive bending and lifting at a very fast
pace. An adjudicator must evaluate the record to make the ultimate
finding as to whether an individual's work meets this criterion.
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\20\ See 20 CFR 404.1567 and 416.967.

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[[Page 48479]]

3. What are the requirements of the no work profile, and do we
consider an individual's RFC when determining whether an individual
meets this profile?
The no work profile demonstrates the inability to make an
adjustment to other work for an individual who:
has a severe impairment(s),\21\
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\21\ For individuals aged 72 and older, we consider any
medically determinable physical or mental impairment(s) that meets
the duration requirement to be a severe impairment. SSR 03-3p:
Policy Interpretation Ruling--Titles II and XVI: Evaluation of
Disability and Blindness in Initial Claims for Individuals 65 or
Older. For more information about the duration requirement, see SSR
23-1p: Titles II and XVI: Duration Requirement for Disability.
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has no PRW,
is age 55 or older, and
has no more than a limited education.\22\
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\22\ See 20 CFR 404.1564 and 416.964. Limited education means
ability in reasoning, arithmetic, and language skills, but not
enough to allow an individual 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.
However, the numerical grade level an individual completed in school
may not reflect their actual educational abilities. 20 CFR
404.1564(b) and 416.964(b). For more information see SSR 20-1p.
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Our adjudicators do not need to assess or consider RFC when
applying the no work profile.
4. What are the requirements of the lifetime commitment profile,
and how does the lifetime commitment profile apply to an individual who
has worked at multiple jobs or for multiple employers?
The lifetime commitment profile demonstrates the inability to make
an adjustment to other work for an individual who:
is not working at SGA level,
has a lifetime commitment (30 years or more) to a field of
work that is unskilled, or that is skilled or semi-skilled but provided
no transferable skills,
can no longer perform this past work because of a severe
impairment(s),
is closely approaching retirement age (i.e., age 60 or
older),\23\ and
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\23\ See 20 CFR 404.1563 and 416.963.
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has no more than a limited education.
For purposes of the lifetime commitment profile, the individual's
30 years of work do not have to have been at only one job or for only
one employer. The jobs must have been in one field of work, meaning
that the types of work the individual performed must have been very
similar to one another. Use of this medical-vocational profile is
appropriate even if the individual has work experience in a field(s)
other than the one in which they have a 30-year lifetime commitment, as
long as the work experience in the other field(s) is not PRW that the
individual is still able to perform considering their RFC.

[FR Doc. 2024-12413 Filed 6-5-24; 8:45 am]
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