[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Notices]
[Pages 13692-13694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04668]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2017-0046]
Social Security Ruling, SSR 20-01p: How We Determine an
Individual's Education Category
AGENCY: Social Security Administration.
ACTION: Notice of Social Security Ruling (SSR).
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SUMMARY: We are providing notice of SSR 20-01p. This Ruling explains
how we determine an individual's education category in adult disability
claims under
[[Page 13693]]
titles II and XVI of the Social Security Act.
DATES: We will apply this notice on April 27, 2020.
FOR FURTHER INFORMATION CONTACT: Dan O'Brien, Office of Disability
Policy, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235-6401, 410-597-1632. For information on eligibility
or filing for benefits, call our national toll-free number at 1-800-
772-1213 or TTY 1-800-325-0778, or visit our internet site, Social
Security online, at http://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION: Although 5 U.S.C. 552(a) (1) and (a)(2) do
not require us to publish this SSR, we are doing so under 20 CFR
402.35(b)(1).
We use SSRs to make available to the public precedential decisions
relating to the Federal old age, survivors, disability, supplemental
security income, and special veterans benefits programs. 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 statutes or
regulations, they are binding on all of our components. 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 in the
Federal Register that rescinds and replaces or modifies it.
(Catalog of Federal Domestic Assistance, Programs Nos. 96.001,
Social Security--Disability Insurance; 96.002, Social Security--
Retirement Insurance; 96.004, Social Security--Survivors Insurance;
96.006--Supplemental Security Income.)
Dated: February 10, 2020.
Andrew Saul,
Commissioner of Social Security.
Policy Interpretation Ruling
SSR 20-01p: Titles II and XVI: How We Determine an Individual's
Education Category
Purpose: This Social Security Ruling (SSR) explains how we
determine an individual's education category in adult initial
disability decisions, determinations, redeterminations, and continuing
disability reviews under titles II and XVI of the Social Security Act.
Citations (Authority): Sections 223(d)(2)(A), 225, 221(i),
1614(a)(3)(B), and 1614(a)(3)(H) of the Social Security Act, as amended
and 20 CFR 404.1520, 404.1564, Part 404 Subpart P Appendix 2, 416.920,
and 416.964.
Background
We use a five-step sequential evaluation process to determine
whether an individual is disabled or blind under titles II and XVI of
the Act.\1\ If we are unable to make a disability finding at the first
four steps, we consider an individual's residual functional capacity
(RFC) \2\ and the vocational factors of age, education, and work
experience to determine whether the individual is able to perform work
that exists in significant numbers in the national economy.\3\
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\1\ See 20 CFR 404.1520 and 416.920.
\2\ See 20 CFR 404.1545 and 416.945. RFC is the most an
individual can do despite his or her limitations.
\3\ See 20 CFR 404.1520(g), 404.1560(c), 416.920(g), and
416.960(c).
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Our rules explain how we evaluate the vocational factor of
education.\4\ Education primarily means formal schooling or other
training that contributes to an individual's ability to meet vocational
requirements, such as reasoning ability, communication skills, and
arithmetical ability.\5\ The lack of formal schooling does not
necessarily mean that the individual is uneducated or does not have
these abilities.\6\ Past work experience and the kinds of
responsibilities the individual had while working, daily activities,
hobbies, or results of testing may show that the individual has
significant intellectual ability that can be used to work.\7\
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\4\ See 20 CFR 404.1564 and 416.964.
\5\ See 20 CFR 404.1564(a) and 416.964(a).
\6\ Id.
\7\ Id.
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We use the following four education categories to evaluate an
individual's education level: \8\
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\8\ See 20 CFR 404.1564(b)(1)-(4) and 416.964(b)(1)-(4). We no
longer have an education category of ``inability to communicate in
English'' as of April 27, 2020. We published a final rule ``Removing
the Inability to Communicate in English as an Education Category''
that removed this education category on February 25, 2020 (85 FR
10586).
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1. High school education and above. High school education and above
means abilities in reasoning, arithmetic, and language skills acquired
through formal schooling at a 12th grade level or above. We generally
consider that someone with these educational abilities can do semi-
skilled through skilled work.\9\
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\9\ We consider a general educational development (GED)
certification as equivalent to high school education.
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2. Limited education. Limited education means ability in reasoning,
arithmetic, and language skills, but not enough to allow a person 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.
3. Marginal education. Marginal education means ability in
reasoning, arithmetic, and language skills that 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.
4. Illiteracy. Illiteracy means an inability to read or write. We
consider someone illiterate if the person cannot read or write a simple
message such as instructions or inventory lists even though the person
can sign his or her name. Generally, an illiterate person has had
little or no formal schooling.
Policy Interpretation
I. Categories of High School Education and Above, Limited Education,
and Marginal Education
We generally use the highest numerical grade level of formal
education an individual has completed in school regardless of the
language used for instruction to determine whether the individual
belongs in the education category of high school education and above,
limited education, or marginal education. An individual's highest
numerical grade level generally reflects the individual's educational
abilities, such as reasoning, arithmetic, and communication skills.\10\
The highest numerical grade level that the individual completed in
school, however, may not represent his or her actual educational
abilities.\11\ Evidence such as past work experience, the kind of
responsibility an individual may have had when working, daily
activities, hobbies, results of testing, community projects, or
vocational training, may show that an individual's actual educational
abilities are higher or lower than his or her formal education level.
In such situations, we may assign an individual to a higher or lower
education category, as appropriate.
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\10\ See 20 CFR 404.1564(b) and 416.964(b).
\11\ Id.
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Further, when determining the appropriate education category, we
may consider whether an individual received special education. For
example, an extensive history of special education may show that the
individual's educational abilities are lower than the actual grade he
or she completed.
We, however, will not find an individual's education category to be
lower than his or her highest level of formal education based solely on
an
[[Page 13694]]
individual's history of having received special education. In all
cases, we determine facts on an individual basis. Therefore, to assign
an individual to an education category lower or higher than his or her
highest level of formal education, there must be specific evidence
supporting the finding in the determination or decision.
When determining the appropriate education category, we will not
consider whether an individual attained his or her education in another
country or whether the individual lacks English language proficiency.
Neither the country in which an individual was educated nor the
language an individual speaks informs us about whether the individual's
reasoning, arithmetic, and language abilities are commensurate with his
or her formal education level.\12\
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\12\ Specific to language abilities, if there is a question as
to whether an individual's actual language abilities are higher or
lower than his or her formal education level, we use the language in
which the individual most effectively communicates. For most
individuals, this language is the language that they use in most
situations, including at home, work, school, and in the community.
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Generally, when determining the appropriate education category, we
will use the information an individual provides. We may request
relevant records, such as school or government records, to verify the
reported level of formal education and educational abilities.
II. Category of Illiteracy
A. Generally
We consider an individual illiterate if he or she cannot read or
write a simple message, such as instructions or inventory lists, even
though the individual can sign his or her name.\13\ We will assign an
individual to the illiteracy category only if the individual is unable
to read or write a simple message in any language.
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\13\ See 20 CFR 404.1564(b)(1) and 416.964(b)(1).
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B. Formal Education and the Ability To Read and Write a Simple Message
Generally, an individual's educational level is a reliable
indicator of the individual's ability to read and write a simple
message. A strong correlation exists between formal education and
literacy, which under our rules means an ability to read and write a
simple message. Most individuals learn to read and write at least a
simple message by the time they complete fourth grade, regardless of
whether the schooling occurred in the United States or in another
country.\14\ We will therefore use an individual's formal education
level as the starting point to determine whether the individual is
illiterate.
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\14\ Typically, fourth grade is when students transition from a
focus on learning to read to a focus on reading to learn. See
Reading Achievement of U.S. Fourth-Grade Students in an
International Context, https://nces.ed.gov/pubs2018/2018017.pdf,
p.1. The rate of literacy (defined as an ability to understand,
read, and write a short, simple statement on everyday life)
increased from 33.4% with one year of primary schooling to 95.3%
with four years of primary schooling. How Was Life?: Global Well-
being since 1820, OECD Publishing, Juan Luitan van Zanden., et al.
(eds.) (2014), p. 91, available at https://read.oecd-ilibrary.org/economics/how-was-life_9789264214262-en#page93. The Common Core
reading and writing standards for primary schools demonstrate that
an individual who completed fourth grade education should be able to
read and write a simple message. http://www.corestandards.org/assets/CCSSI_ELA%20Standards.pdf, pp.10-33. Finally, the Progress in
International Reading Literacy Study, an international assessment of
student performance in reading at the fourth grade, shows that the
majority of countries that participated in the study were able to
educate nearly all their students to a basic level of reading
achievement. See http://timssandpirls.bc.edu/pirls2016/international-results/pirls/performance-at-international-benchmarks/
and https://nces.ed.gov/pubs2018/2018017.pdf, pp. 4, 9-10.
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If evidence suggests an individual may be illiterate, we will
determine whether the illiteracy category is appropriate as follows:
i. Individuals Who Completed at Least a Fourth Grade Education
Most individuals who have completed at least fourth grade can read
and write a simple message. We will generally find that an individual
who completed fourth grade or more is able to read and write a simple
message and is therefore not illiterate.
We may still find, however, that an individual with at least a
fourth grade education is illiterate if the individual provides
evidence showing that despite having completed fourth grade or more, he
or she cannot, in fact, read or write a simple message in any language.
Examples of relevant evidence may include whether an individual:
Has received long-term special education related to
difficulty learning to read or write at a basic level;
lacks work history due to an inability to read or write;
has valid intelligence test results demonstrating an
inability to read or write a simple message;
has valid reading and writing test results demonstrating
an inability to read or write a simple message; and
has any other evidence demonstrating an inability to read
or write a simple message.
We will assign an individual who completed fourth grade education
or more to the illiteracy category only if the evidence supports the
finding that despite having completed fourth grade education or more,
the individual is unable to read or write a simple message in any
language. We will not rely on test results alone to determine that
illiteracy is the appropriate education category for an individual.
ii. Individuals Who Completed Less Than a Fourth Grade Education
Formal education is not the only way individuals learn to read and
write; therefore, we do not make any general finding that illiteracy is
the appropriate category for individuals who have not completed a
fourth grade education. The mere fact that an individual has little or
no formal education does not mean that the individual is unable to read
or write. Therefore, we will consider all relevant evidence in the
claim to determine whether illiteracy is the appropriate education
category. Examples of relevant evidence may include whether an
individual:
Has worked in the past and the responsibilities he or she
had when working;
can read, write, and understand short and simple
statements in everyday life, such as shopping lists, short notes, and
simple directions;
can read newspapers or books;
can read and write simple emails or text messages;
had any vocational training or certification requiring
reading and writing;
has or ever had a driver's license that required passing a
written test; and
has any other evidence demonstrating an inability to read
or write a simple message.
We will assign an individual to the illiteracy category only if the
evidence supports a finding that the individual is unable to read or
write a simple message in any language. We will not, however, rely on
test results alone to determine that illiteracy is the appropriate
education category for an individual.
[FR Doc. 2020-04668 Filed 3-6-20; 8:45 am]
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