EDPNA TERMS 2

Question 1

5 types of “basic work activities”

Answer 1

5 types of “basic work activities”
Explain this

1) exertional activities
2) nonexertional activities
3) postural activities
4) manipulative activities
5) mental activities

Question 2

Impairment

Answer 2

An impairment is a medical condition that is medically diagnosed (aka medically determinable). At step 2, the claimant must have a medically determinable impairment (MDI) to proceed to step 3.

Prove MDI ➡️ show that symptoms are linked to the MDI ➡️ prove limitations (exertional or nonexertional) that prevent the claimant from competitive work

Question 3

Medically determinable illness (MDI)

Answer 3

(1) A disease, illness, injury, or other bodily condition that has lasted or is expected to last at least 12 months or result in death and that reasonably gives rise to limitations of function, which in turn (2) prevent the individual from engaging in competitive work (8 hrs/day, 5 days/week)

Question 4

Exertional activities

Answer 4

Walking;
Standing;
Sitting;
Pushing;
Pulling;
Carrying; and
Lifting

Question 5

Physical requirements for SEDENTARY work (exertional):

Answer 5

Sitting: 6 of 8 hours
Standing and walking: 2 of 8 hours
Lifting and carrying: under 10 lbs. frequently

Question 6

Physical requirements for LIGHT work (exertional):

Answer 6

Sitting: 2 of 8 hours
Standing and walking: 6 of 8 hours
Lifting and carrying: 10 lbs. frequently, 20 lbs. occasionally

Question 7

Physical requirements for MEDIUM work (exertional):

Answer 7

Sitting: 2 of 8 hours
Standing and walking: 6 of 8 hours
Lifting and carrying: 25 lbs. frequently, 50 lbs. occasionally

Question 8

Physical requirements for HEAVY work (exertional):

Answer 8

Sitting: 2 of 8 hours
Standing and walking: 6 of 8 hours
Lifting and carrying: 50 lbs. frequently, occasionally up to 100 lbs.

Question 9

Physical requirements for VERY HEAVY work (exertional):

Answer 9

Sitting: 2 of 8 hours
Standing and walking: 6 of 8 hours
Lifting and carrying: 50 lbs. frequently, occasionally more than 100 lbs.

Question 10

Define “occasionally”, “frequently”, and “continuously”

Answer 10

Define “occasionally”, “frequently”, and “continuously”
Explain this

Occasionally = very little to ⅓ of the day
Frequently = ⅓ to ⅔ of the day
Continuously = more than ⅔ of the day

Question 11

Nonexertional activities

Answer 11

Hearing;
Seeing; and
Communicating.

Question 12

Postural activities

Answer 12

Climbing;
Balancing;
Stooping (bending the spine alone);
Kneeling (bending the legs alone);
Crouching (bending both spine and legs); and
Crawling.

Question 13

Manipulative activities

Answer 13

Reaching;
Handling;
Fingering; and
Feeling.

Question 14

Mental activities

Answer 14

Understanding, remembering, and carrying out instructions;
Exercising appropriate judgment;
Responding appropriately to supervision and co-workers; and
Dealing with usual work settings and routine changes in the workplace.

Question 15

3 vocational factors at Step 4

Answer 15

Age
Education
Skill

Question 16

Role of a vocational expert (VE)

Answer 16

Helps the judge determine whether an individual can perform PRW (step 4) or adjust to other work (step 5)

Question 17

Specific vocational preparation (SVP)

Answer 17

Refers to the amount of time it takes an individual to learn a given job. The SVP defines whether a job is unskilled, semiskilled, or skilled.

This includes learning the techniques, info, and facilities needed for the job. The higher the SVP, the greater the skill required to do a job, or the skill requires as a result of doing the work)

Question 18

How many SVP levels are there, and what are the times required to acquire the level for each?

Answer 18

9 SVP levels:

Level 1: only a short demonstration is required to learn the job
Level 2: short demonstration - 30 days is required to learn the job
Level 3: 30+ days - 3 months is required to learn the job
Level 4: 3+ months - 6 months is required to learn the job
Level 5: 6+ months - 1 year is required to learn the job
Level 6: 1+ year - 2 years is required to learn the job
Level 7: 2+ years - 4 years is required to learn the job
Level 8: 4+ years - 10 years is required to learn the job
Level 9: 10+ years

Question 19

SVP “Breakpoints” for job skills

Answer 19

Unskilled work: SVP 1-2
Semiskilled work: SVP 3-4
Low-skilled work: SVP 5-6
Skilled work: SVP 7-9

Question 20

When cross-examining a VE, representatives should be asking about the effects of

Answer 20

When cross-examining a VE, representatives should be asking about the effects of _____________________
Explain this

Limitations (NOT impairments)

Ex: Instead of asking “what if the claimant suffers from cerebral palsy?”, ask “what if the claimant suffers from severe fatigue, lack of stamina, and requires she lie down at least twice per day for up to 2 hours at a time?”

Question 21

Which steps of the 5-step process can the claim be approved at?

Answer 21

Which steps of the 5-step process can the claim be approved at?
Explain this

Step 3 and Step 5

Question 22

Role of a medical expert at a hearing

Answer 22

The medical expert testifies whether the impairment(s) meet or equal a listing at step 3. If not, he/she can opine (with evidence) about the limitations.

Medical experts are NOT qualified to say whether the claimant can perform PRW.

Question 23

Relevancy requirement

Answer 23

It refers to whether the claimant (1) performs PRW for a sufficient period and (2) at sufficient levels to enable them to learn the requirements for such work

Only jobs performed at SGA - competitive levels - should be included.

Question 24

Past Relevant Work (PRW)

Answer 24

Work a claimant performed…
1) within the last 15 years; which
2) lasted long enough for him or her to learn the job; and
3) meets requirements for SGA

Question 25

To make it past step 4, what must the ALJ determine?

Answer 25

1) whether the claimant suffers from an impairment that leads to a limitation(s)
2) considering all limitations, whether the claimant can perform PRW

Question 26

Transferable skills

Answer 26

Skills the claimant acquired from PRW that can be used in jobs OTHER than those he/she has performed in the past. Only comes into play at Step 5.

Having transferable skills means a wider circle of jobs available to the claimant. Transferable skills can come from PRW, education, and training.