The Ability to Communicate in English is an Incomplete Finding

After making a finding of an inability to perform past relevant work, the ALJ must assess the vocational factors -- age, education, and work experience.  The regulations use four steps of education:

(1) Illiteracy. Illiteracy means the 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.

(2) Marginal education. Marginal education means ability in reasoning, arithmetic, and language skills which 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.

(3) 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.

(4) 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.

In paragraph 5, the Commissioner addresses the ability to communicate in English.  A Ph.D. from the Sorbonne does not implicate the ability to speak, read, and understand English -- that person gets treated as illiterate.  The Commissioner concludes that paragraph:

(5) ... Therefore, we consider a person's ability to communicate in English when we evaluate what work, if any, he or she can do. It generally doesn't matter what other language a person may be fluent in.

 An ALJ bent on finding a basis to deny could use the ability to communicate orally in English as a paragraph 5 finding of the ability to communicate in English.  But that oral capacity does not transform the ability to read and write in English into literacy at paragraph 1.  Nor does the ability to communicate orally in English erase an educational deficit from the native country.  A person with a sixth grade education from a foreign country that possesses basic language skills in a non-English language will not likely have achieved literacy in English for SSA purposes -- reading and writing inventory lists and directions.  When the ALJ finds the ability to communicate in English, the representative must look to see if the evidence suggests both oral and literate communication.  If there is no evidence of literacy, the representative should propound that question to the vocational expert.  If the ability to read and write is marginal, then the representative should include a marginal education component in the examination (reasoning, math, and language level 1).  A limited capacity to speak, read, and understand English with demonstrated proficiency should ask for GED level 2.

One word of reminder -- reasoning level is either equal to or higher than both language and math.  Reasoning is never lower than language or math.  See the Revised Handbook for Analyzing Jobs as the taxonomy for the DOT and its other companions.