Citations:

20 CRF 404.1562, 416.962; Social Security Ruling 82-63.

TN 5 (05-06)

A. Introduction

The special medical-vocational profiles set forth in DI 25010.001B. lists 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 deemed to be unable to adjust to other work and therefore will be found disabled at step 5 of the sequential evaluation process.

Consider whether a profile applies only after finding that a claimant cannot do any past relevant work. Because the profiles only require that a claimant have a severe impairment and because an incorrect decision might otherwise result, it is important to consider whether a profile applies before referring to the medical-vocational guidelines in DI 25025.005.

B. Policy Principle

1. Arduous Unskilled Work

A finding of “disabled” will be made for persons who:

• are not working at SGA level, and

• have a history of 35 years or more of arduous unskilled work, and

• can no longer perform this past arduous work because of a severe impairment(s), and

• have no more than a marginal education.

NOTE: This provision would not necessarily be defeated by very short periods of semi-skilled or skilled work if no transferable skills exist or by longer periods of semi-skilled or skilled work if it is clear that the skill acquired is not readily transferable to lighter work and makes no meaningful contribution to an individual’s ability to do any work within his or her present functional capacity.

(See DI 25001.001 for the definitions of “arduous,” “unskilled,” and “marginal education” and DI 24505.000 for a discussion of severe impairment.)

2. No Work Experience

A finding of “disabled” will be made for persons who:

• have a severe impairment(s), and

• have no past relevant work (PRW), and

• are age 55 or older, and

• have no more than a limited education.

NOTE: It is not necessary to complete a residual functional capacity (RFC) form to determine that an individual meets this profile since he or she will have no PRW to compare to the RFC findings on a function-by-function basis. (See DI 24510.006.)

(See DI 25001.001 for the definitions of “PRW” and “limited education” and DI 24505.000 for a discussion of severe impairment.)

3. Lifetime Commitment

A finding of “disabled” will be made for persons who:

• are not working at SGA level, and

• have a lifetime commitment (30 years or more) to a field of work that is unskilled, or is skilled or semi-skilled but with no transferable skills, and

• can no longer perform this past work because of a severe impairment(s), and

• are closely approaching retirement age (age 60 or older), and

• have no more than a limited education.

(See DI 25001.001 for the definitions of “limited education” and DI 24505.000 for a discussion of severe impairment.)

NOTE: To satisfy the requirement for this profile, the 30 years of lifetime commitment work does not have to be at one job or for one employer but rather work in one field of a very similar nature. If the person has a history of working 30 years or more in one field of work, the use of this profile will not be precluded by the fact that the person also has work experience in other fields, so long as that work experience in other fields is not past relevant work which the person is still able to perform.