§ 220.131. Work which exists in the national economy.
496 words·~2 min read·
/us/cfr/t20/s§ 220.131·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General. The Board considers that work exists in the national economy when it exists in significant numbers either in the region where the claimant lives or in several other regions of the country. It does not matter whether—
(1)Work exits in the immediate area in which the claimant lives,
(2)A specific job vacancy exists for the claimant; or
(3)The claimant would be hired if the claimant applied for work.
(b)How the Board determines the existence of work. Work exists in the national economy when there are a significant number of jobs (in one or more occupations) having requirements which the claimant is able to meet with his or her physical or mental ability and vocational qualifications. Isolated jobs that exist in very limited numbers in relatively few locations outside the region where the claimant lives are not considered “work which exists in the national economy.” The Board will not deny the claimant a disability annuity on the basis of the existence of these kinds of jobs. The Board will determine that the claimant is disabled if the work he or she can do does not exist in the national economy. If the work the claimant can do does exist in the national economy, the Board will determine that the claimant is not disabled.
(c)Inability to obtain work. The Board will determine that the claimant is not disabled if he or she has the residual functional capacity and vocational abilities to do work which exists in the national economy but the claimant remains unemployed because of—
(1)His or her inability to get work;
(2)Lack of work in his or her local area;
(3)The hiring practices of employers;
(4)Technological changes in the industry in which the claimant has worked;
(5)Cyclical economic conditions;
(6)No job openings for the claimant;
(7)The claimant not actually being hired to do work he or she could otherwise do; or
(8)The claimant not wishing to do a particular type of work.
(d)Administrative notice of job data. The following sources are used when the Board determines that unskilled, sedentary, light and medium jobs exist in the national economy:
(1)Dictionary of Occupational Titles, published by the Department of Labor.
(2)County Business Patterns, published by the Bureau of the Census.
(3)Census Reports, also published by the Bureau of the Census.
(4)Occupational Analyses, prepared for the Social Security Administration by various State employment agencies.
(5)Occupational Outlook Handbook, published by the Bureau of Labor Statistics.
(e)Use of vocational experts and other specialists. If the issue in determining whether the claimant is disabled is whether his or her work skills can be used in other work and the specific occupations in which they can be used, or there is a similarly complex issue, the Board may use the services of a vocational expert or other specialist. The Board will decide whether to use a vocational expert or other specialist.