Determination of Serious Limitation to Functional Capacities

Section 553 Section 553.150  Determination of Serious Limitation to Functional Capacities a)         For the purpose of determination of the degree of significance of disability , functional capacities shall include: 1)         mobility – the physical ability of an individual to move from place to place and move the body into certain positions.  This includes such activities as: walking, climbing, kneeling, stooping, sitting, standing, and similar activities; 2)         self-care – the ability of an individual to perform activities related to his or her health and hygiene.  This includes such activities as: grooming, bathing, eating, house keeping, medical management, and money management; 3)         self-direction – the ability of an individual to organize, control and regulate his or her own personal, social, and work life.  This includes such activities as: maintaining schedules and routines, following directions and established rules, organizing activities for oneself, and adjusting to changing circumstances; 4)         work skills – the ability of an individual to demonstrate skills necessary to perform jobs that exist in the current employment market, regardless of demand for the particular occupation or the individual's prior work experience.  This includes such activities as: learning and maintaining work skills, cooperating with others in a work setting, using adequate decision making and problem solving skills, and using academic skills commonly required in the workplace; 5)         work tolerance – the ability of an individual to consistently and adequately perform a job based on the physical, emotional, environmental, and psychological demands of a specific work environment.  This includes such activities as: maintaining performance on the job regardless of changes in environment such as cold and heat, demonstrating the strength and endurance to perform the job in question, and working the schedule typical of other employees in the same job; 6)         interpersonal skills – the ability of an individual to establish and maintain appropriate relationships with other individuals in the work place.  This includes such activities as: engaging in  necessary work-related communications, demonstrating behavior that is appropriate and acceptable in the work environment, cooperating with others in a team setting, and showing understanding and tact in dealing with others; and 7)         communication – the ability to convey and receive information efficiently and effectively.  This includes such activities as: hearing  and understanding ordinary spoken language; making one's self understood in ordinary conversation; writing or printing short notes and communications; and reading and correctly interpreting short notes, signs, and instructions. b)         A serious limitation to a functional capacity shall exist when it is determined by the rehabilitation counselor or instructor that the customer, because of his or her disability, has functional limitations in performing the major components of the activity or activities listed in subsections (a)(1) through (7) or needs accommodation to perform the activity. c)         The rehabilitation counselor or instructor shall use the criteria of consistency and substantiality when evaluating the degree of limitation to functional capacity.  Consistency means that the individual's disability always or almost always limits the individual's functioning.  Substantiality means the individual's disability has a major, significant impact on functioning and that the individual cannot perform the activity or finds it very difficult to perform the activity.