Or. Admin. R. 461-125-0510 - Impairment Criteria; GA, GAM

Current through Register Vol. 61, No. 4, April 1, 2022

(1) To be eligible for GA and GAM, an individual must meet one of the following criteria:
(a) Have a physical or mental impairment that meets or equals the listing of impairments found in 20 CFR 404, Subpart P, Appendix 1, in effect November 1, 2003, and can be expected to:
(A) Last for a continuous period of not less than 12 months from the date of request; or
(B) Result in death within 12 months from the date of request.
(b) Be 55 years of age or older and meet the following requirements:
(A) Have a severe physical or mental impairment that does not meet the listing of impairments referred to in subsection (a) of this section but will:
(i) Prevent the individual from returning to any past relevant work for a period of not less than 12 months from the date of request; or
(ii) Result in death within 12 months from the date of request.
(B) Be limited to sedentary residual functioning capacity as defined in 20 CFR 404, subpart P, appendix 2, in effect November 1, 2003.
(c) Be 55 years of age or older and have all of the following:
(A) A severe physical or mental impairment that does not meet the listing of impairments referred to in subsection (a) of this section but will:
(i) Last for a period of not less than 12 months from the date of request; or
(ii) Result in death within 12 months from the date of request.
(B) Less than a 12th grade education, as evidenced by the lack of a high school diploma or GED.
(C) A history of no past relevant work as defined in section (2) of this rule in the last 15 years.
(d) Be age 50 or older but not yet age 55: and
(A) Have a severe physical or mental impairment that does not meet the listing of impairments referred to in subsection (a) of this section but will:
(i) Last for a period of not less than 12 months from the date of request; or
(ii) Result in death within 12 months from the date of request.
(B) Be illiterate or unable to communicate in English.
(C) Be limited to light residual functioning capacity as defined in 20 CFR 404, subpart P, appendix 2, in effect November 1, 2003.
(D) Have a past relevant work history of "unskilled" or "none."
(e) Be age 50 or older but not yet age 55: and
(A) Have a severe physical or mental impairment that does not meet the listing of impairments referred to in subsection (a) of this section but will:
(i) Last for a period of not less than 12 months from the date of request; or
(ii) Result in death within 12 months from the date of request.
(B) Have less than a High School education.
(C) Be limited to sedentary residual functioning capacity as defined in 20 CFR 404, subpart P, appendix 2, in effect November 1, 2003.
(D) Have a past relevant work history of "unskilled" or "none."
(f) Be age 45 or older but not yet age 50: and
(A) Have a severe physical or mental impairment that does not meet the listing of impairments referred to in subsection (a) of this section but will:
(i) Last for a period of not less than 12 months from the date of request; or
(ii) Result in death within 12 months from the date of request.
(B) Be illiterate or unable to communicate in English.
(C) Be limited to sedentary residual functioning capacity as defined in 20 CFR 404, subpart P, appendix 2, in effect November 1, 2003.
(D) Have a past relevant work history of unskilled or none.
(2) As used in this rule:
(a) "Basic work activity" means any kind of work activity that averages at least eight hours a day for which income is received, regardless of the adequacy to meet the client's needs. Work performed against medical advice or at an activity center or sheltered workshop is not basic work activity.
(b) "Equaling" means the medical findings are at least equal in severity and duration to the listed findings. If the client's impairment is not listed, the Department considers the listed impairment most like the client's impairment to decide whether the client's impairment is medically equal to the listed impairment. If the client has more than one impairment, and none of them meets or equals a listed impairment, the Department reviews the symptoms, signs, and laboratory findings about the client's impairments to determine whether the combination of those impairments is medically equal to a listed impairment.
(c) "Light work" means work that requires lifting no more than 20 pounds at a time with frequent lifting or carrying objects weighing up to 10 pounds and requires occasional stooping. It also requires standing or walking for a total of approximately six hours of an eight-hour workday.
(d) "Past relevant work" means work that the individual has performed in the last 15 years and that constitutes substantial gainful activity as defined in 20 CFR 404.1574 and 404.1575, in effect November 1, 2003. Also, the past relevant work must have lasted long enough for the individual to learn the techniques, acquire the necessary information, and develop the facilities needed for average performance of the job situation.
(e) "Sedentary work" means work that requires lifting no more than 10 pounds at a time and occasionally lifting or carrying articles such as docket files, ledgers, and small tools. Although sitting is involved, a certain amount of walking and standing is often necessary in carrying out job duties. Periods of walking and standing should total no more than two hours of an eight-hour workday and sitting should total approximately six hours of an eight-hour workday. Most unskilled sedentary jobs require good use of the hands and fingers for repetitive hand finger actions.
(f) "Severe mental impairment" means a mental impairment that significantly limits the individual's ability to do basic work activity.
(g) "Severe physical impairment" means a physical impairment that significantly limits the individual's physical ability to do basic work activity.
(h) "Unskilled work" is work that requires little or no judgment to do simple duties that can be learned on the job within 30 days.
(3) An applicant is not eligible for GA or GAM if drug addiction or alcoholism is material to his or her disability.
(4) If the client is unable to do so, the Department will obtain medical evidence that documents a claim of physical or mental impairment.

Notes

Or. Admin. R. 461-125-0510
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 6-1994, f. & cert. ef. 4-1-94; AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95; AFS 40-1995, f. 12-26-95, cert. ef. 1-1-96; AFS 21-1996, f. 5-30-96, cert. ef. 6-1-96; AFS 24-1996(Temp), f. & cert. ef. 6-11-96; AFS 34-1996, f. 9-26-96, cert. ef. 10-1-96; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 9-1999, f. & cert. ef. 7-1-99; AFS 10-2000, f. 3-31-00, cert. ef. 4-1-00; AFS23-2000(Temp), f. 9-29-00, cert. ef. 10-1-00 thru 12-31-00; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; AFS 35-2000(Temp), f. 12-29-00, cert. ef. 1-1-01 thru 3-31-01; AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01; AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01; AFS 4-2002(Temp), f. & cert. ef. 4-1-02 thru 6-30-02; AFS 10-2002, f. & cert. ef. 7-1-02; SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04; SSP 15-2004(Temp), f. & cert. ef. 6-1-04 thru 9-30-04; SSP 22-2004, f. & cert. ef. 10-1-04

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 411.060, 411.070, 411.404 & 411.710

Stats. Implemented: ORS 411.060, 411.070, 411.404 & 411.710

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