Ssa past relevant work criteria SSR 82-62 A Disability Claimant’s Capacity to Do Past Relevant Work, In General . Some skills are so specialized that, despite a claimant being highly skilled, they would generally has the ability to reason and think abstractly—requirements for skilled employment. 1560 “Past relevant work. At step 4 of Social Security’s sequential evaluation, the SSA considers whether or not you have the ability to return to your past relevant work. EXAMPLE: The claimant says they did no lifting in their job as an office cleaner, but their description of duties includes mopping and vacuuming the floors, emptying trash, and transporting trash to a central collection area. Evaluation of Past Relevant Work. The SSA looks at how each job was actually performed by you, The Social Security Administration (SSA) uses past relevant work to help determine whether you are considered disabled according to their five-step sequential evaluation process. 65). For complete information on determining relevancy of past work, see DI 25005. The work must have: been performed within the relevant period: The new PRW rule will help resolve the reduced relevance of job skills and changes in the work requirements of jobs that have been in place for a long time. Retention Date: 06/22/2025. you have performed in the last five years; the role lasted more than 30 days; and you performed at the level of substantial and gainful activity. See Ruling 82-61. We will not consider work to be past relevant work if you started and stopped it in fewer than 30 calendar days (see paragraph Summary: We are finalizing our proposed regulation to revise the time period that we consider when determining whether an individual’s past work is relevant for the purposes of making disability determinations and decisions. Information We Will Need About Your Work and Education . ) (2) Determining whether you can do your past relevant work. The agency will now review only five years of past work when determining if someone is eligible for disability payments, a change from reviewing the past 15 years. 015: Determination of Capacity for Past Work-- Relevance Issues Social Security disability lawyer Merryl Jones – Second Chance Lawyer, has collected all the facts about the revised past work evaluation criteria for you here. It is considered in the fourth step of determining disability in the The physical and mental requirements of this work are within the claimant’s RFC. According to SSA, past work is relevant if it meets all three relevancy requirements listed below. 1560 and 416. 015A (substantial gainful activity, performed within the 5 In view of the seismic rule change reducing the past relevant work period to 5 years, and new Ruling 24-2p, it is a good time to review the various issues. If SSA finds the claimant cannot perform their past work, they move on to CFR Section 404. We may also ask a VS or VE to provide evidence concerning a variety of case-specific factual issues. 65 of the “Medical-Vocational Quick Reference Guide” for additional information about the relevant work period. 1. Obviously, some lifting, carrying, pushing, and pulling were required to complete the claimant’s job tasks. Past work is relevant if it meets all three relevancy requirements listed below. SSA will review (1) If we find that you cannot do your past relevant work because you have a severe impairment(s) (or you do not have any past relevant work), we will consider the same residual functional capacity assessment we made under paragraph (e) of this section, together with your vocational factors (your age, education, and work experience) to In such cases, once we determine the claimant is currently disabled, we establish the EOD without considering when the past work stopped falling within the relevant period. A VS or VE may offer evidence concerning the (i) What is past relevant work. It plays a crucial role in determining eligibility for Social Security Disability benefits, as it influences the SSA’s assessment of an individual’s residual functional capacity UWA Criteria -- Duration and Conditions of Work. 026D to determine if the information about activities performed in work should be obtained based on the claim type and period of entitlement. At step four of this disability determination process, the SSA considers your work history and whether, given your residual functional capacity (RFC), you can perform any of your past relevant work as you actually did them or as others generally perform them in the economy. 965(a)). Listed below are frequently asked questions about steps 4 and 5 of the process. The SSA must determine, at step 4 of the 5-step sequential Social Security must consider all the exertional and nonexertional requirements of a composite job. Only Your Past Relevant Work History Will Be Considered. Your RFC is the most you can do physically and mentally in a work workers from across the country, our Action Plan lays out SSA’s top priorities for the remainder of 2024 and points to the road beyond. When a judge determines whether you can perform past relevant work, you should normally only address work that meets the following criteria: 1) You performed the work in the prior 15 years; 2) The work lasted long enough for you to learn to do it; and. Past work is relevant if it meets all four relevancy requirements listed below. S. On March 22, 1991, the AC denied her request for review. ( See § 416. The claimant is limited to sedentary work and medical-vocational rule 201. 920(e). EXAMPLE: The claimant says he did no lifting in his job as an office cleaner, but his description of duties includes mopping and vacuuming the floors, emptying trash, and transporting trash to a central collection area. 1568 and 416. at each adjudicative level (when criteria in A. , the skill level of a claimant's past relevant work and whether a claimant has transferable skills (20 CFR 404. If the above criteria are met and functional information is needed, the adjudicator will follow the instructions in DI 28030. If you are unable to perform your past work, Social Security will then determine whether there is The two disability programs administered by SSA have financial and nonfinancial criteria for eligibility. C. an otherwise not severe impairment(s) precludes past relevant work (because of the unique features of the work). This SSR explains how we evaluate past relevant work in establishing disability under titles II and XVI of the Social Security Act (Act) and our implementing regulations. 050 Making the Past DI 26510. 965(a). We use a five-step sequential evaluation process to determine whether an individual is disabled. 328), SSR 82-61, "Titles II and XVI: Past Relevant Work--The Particular Job Or the Occupation As Generally Performed" (C. TYPE OF CLAIM NOTE 1: The above is not an exhaustive list of evidence that may be relevant in assessing whether a claimant can read and write a simple message. Past work is a consideration If the claimant’s RFC reflects an inability to sustain a 40-hour workweek and the claimant has part-time PRW, both the RFC and the PRW description need to be detailed enough to do a function (1) Definition of past relevant work. Before obtaining an SSA-3369-BK (Work History Report), review the vocational evidence on the SSA-3368-BK (Disability Report – Adult) and evidence obtained from any prior folders to determine if the file has sufficient vocational evidence. To determine how the work is If you cannot identify sufficient work that uses the claimant’s skills and meets the other transferability requirements using the WF and MPSMS searches, you must do an additional search using the Guide for Occupational Exploration (GOE) code to identify sufficient work or rule out transferability. (You will learn more about the listings in Class 4). This ruling rescinds SSR 86-8 Frequently Asked Questions. Capacity for SGA, past relevant work—no visual allegation: 386,411: 18. NOTE: When considering vocational issues for claimants with a disabling MDI(s) that requires a projected RFC, the relevant period for past work is generally 5 years before adjudication (see DI 25001. Do not consider past work at step 4 unless it is relevant. Transferability applies only to jobs that would involve the same or a lesser degree of skill Past Relevant Work (PRW) as the Claimant Performed It. 001 Field Office Res Judicata Development and Processing DI 27516. In determining whether you are disabled, the SSA considers whether you can perform any of your PRW. To classify an applicant’s “past relevant work” according to the least demanding function of the claimant’s past occupations is contrary to the letter and spirit of the . Background – CoP and They have an eighth grade education and can no longer do their unskilled past relevant work (PRW). If the SSA sees that you cannot do your Past Relevant Work, or do not have work experience from which to compare, you will advance to step five. Recognizing that as a person grows older the ability Ordinarily, RFC is the individual's maximum remaining ability to do sustained work activities in an ordinary work setting on a regular and continuing basis, and the RFC assessment must include a discussion of the individual's abilities on that basis. Harmony between the B criteria and RFC is completed only through a corresponding discussion of the relevant evidence related to the limitations found. Past Relevant Work in the Sequential Evaluation Process. The SSA defines past relevant work as work that involved substantial gainful activity, was performed in the last 15 years, and lasted long enough for the claimant to The SSA Listed Impairment Guidelines: The SSA will review your impairments to see if they match up with the criteria listed in its guidelines. This work must meet two specific criteria: Policy Interpretation. The exertional requirements of work at a particular functional level are the same regardless of whether the work is skilled, semi-skilled, or unskilled. SSR 82-40: TITLES II AND XVI: THE VOCATIONAL RELEVANCE OF THE PAST WORK PERFORMED IN A FOREIGN COUNTRY. 015. 960 Social Security Rulings (SSR): 24-2p Titles II and XVI: How We Evaluate Past Relevant Work, and SSR 24-3p Titles II and XVI: Use of Occupational Information and Vocational Specialist and Vocational Expert Evidence in The Social Security Administration (SSA) recently enacted changes in how a claimant’s past work is evaluated at step four of the Sequential Evaluation. VS and VE Occupational Evidence. Barnhart, Commissioner of Social Security v. above are met). Including How We Consider Past Work SSA-2023-0024-0001: 99: Enhanced Content - Public Comments We understand that the rate of skills decay and changes in NOTE: While the regulations provide that a claimant’s work experience is usually relevant when the work was done within the last five years, in some cases work done prior to the five-year period may be considered relevant to establish a continuity of skills, knowledge, and processes between such work and the individual’s more recent occupations; see DI 25005. Consider whether the claimant can meet the demands of PRW as the claimant actually performed it or as generally performed in the national economy. 13 The table below provides guidelines for common scenarios. This is a very important step in the process, because if the SSA determines that you retain the residual functional capacity to return to your past relevant work, your disability claim will be denied. 001 - Determination of Capacity for Past Relevant Work (PRW) —Basics of Step 4 of the Sequential Evaluation Process - 07/08/2024 Batch run: 07/08/2024 Rev: 07/08/2024 INTRODUCTION: Under the sequential evaluation process, once it has been determined that an individual is not engaging in substantial gainful activity and has a "severe" medically determinable impairment(s) which, though not meeting or equaling the criteria of any listing, prevents the individual from performing past relevant work (PRW), it must Starting on June 8, 2024, SSDI/SSI disability applicants will only have to provide SSA with a five-year work history instead of the previous fifteen-year requirement. This SSAVE importance is due to that initial research to make sure that any past relevant work in that work history of the claimant is understood and can be properly ruled upon by the administrative law judge. 005 Disability SSA must also determine if the claimant acquired any skills from their past relevant work that are transferable to other types of employment. 09 directs a finding of “disabled” at age 50. If your own past work was easier than the way the job is ordinarily done, SSA will examine the actual job requirements as you performed them in determining whether you can perform past relevant work. A finding of whether a claimant can do past relevant work made at step See DI 20101. 026C or DI 28030. Under the sequential evaluation process, once it has been determined that an individual is not engaging in substantial gainful activity and has a “severe” medically determinable impairment(s) which, though not meeting or equaling the criteria of any listing, prevents the individual from performing past relevant work (PRW), it must be determined whether the individual can do any If SSA decides you do not meet a listing, then your case proceeds on to step four of the five-step disability evaluation process. The Social Security Administration (SSA) has announced the finalization of its proposed regulation to enhance the disability adjudication process, specifically by amending the criteria for evaluating past relevant CROSS-REFERENCES: SSR 82-40, “Titles II and XVI: The Vocational Relevance of the Past Work Performed in a Foreign Country”; SSR 82-61, “Titles II and XVI: Past Relevant Work—The Particular Job or the Occupation as Generally Performed”; SSR 82-62, “Titles II and XVI: A Disability Claimant s Capacity To Do Past Relevant Work, In Once your residual functional capacity is determined, Social Security will determine if you can return to your past work. 1568(b)-(c), and 416. The preamble of that final rule cited an effective date of June 8, 2024. But Social Security won't consider every job you ever had in determining your job skills. the DDS must obtain from the This article is brought to you by the New York accident lawyers at Markhoff & Mittman P. All of their other work required greater lifting and carrying than their RFC allowed. This change aims to simplify the The claimant is the primary source for vocational documentation, and statements by the claimant regarding past work are generally sufficient for determining the skill level, exertional demands, and non-exertional demands of such work. The SSA evaluates mental illness using a five-step process to determine if an individual meets the criteria for disability. This window “closes” at the earlier of two dates: the “date last insured,” which is the last day that you met the requirements to be eligible for Social Frequently Asked Questions. Other sections of the regulations require additional findings in certain cases, e. Her past relevant work was found to be at the medium exertional level. New SSA Rule: Shorter Relevant Work Period for Disability Claims. The lack of work experience is a vocationally adverse factor in that a person who has not been in the labor market has not developed any basic knowledge of work products or services, the ability to relate and communicate to supervisors and coworkers, the work habits of scheduling time, etc. A. The SSA considers your past work, both as you performed it (and described it in your Work History Report), and how that work is generally performed in the national economy. Step 5: findings regarding RFC, age, education and work experience to see if claimant can do other work. Past work is relevant if it meets all the relevancy requirements. 960 , and 416. 025 Past Relevant Work (PRW) as Generally Performed in the National Economy DI 25005. Within the five-step process, past relevant work is Step Four, where the SSA determines your ability to perform work-related activities despite your impairments. If an individual’s mental illness doesn’t meet the criteria in the Listing of Impairments, the SSA assesses whether the person can perform any of DI 25005. Supreme Court Decision in the Case of Jo Anne B. The SSA will consider all "past relevant work" you did in determining your ability to do some kind of gainful work now. The work must have: This Ruling concerns the Social Security Administration's (SSA) interpretation of sections 223(d)(2)(A) and 1614(a)(3)(B) of the Social Security Act (42 U. Step 4 – When there is insufficient evidence to determine whether the claimant can perform their past relevant work (PRW), adjudicate the claim in accordance with DI 25005. Past Relevant Work (PRW) is defined as 5 years from the date of adjudication (decision) UNLESS there is an expired Date Last Insured (DLI) meaning expired eligibility for SSDI then it is the 5 years prior to that date. This anticipated rule change has generated some debate. SSA looks at Past Relevant Work (PRW) to determine what job skills an applicant has, and what if any of those skills are transferable to other jobs. 010 Whether Past Relevant Work Must Exist in Significant Numbers in the National Economy (SSR 05-1c)--U. B. Determining whether you can do They have an eighth grade education and can no longer do their unskilled past relevant work (PRW). Past relevant work is work that you have done within the past 15 years, that was substantial gainful activity, and that lasted long enough for you to learn to PURPOSE: To clarify the policy in determining whether a claimant can perform his or her past relevant work, i. 020 Past Relevant Work (PRW) as the Claimant Performed It Citations: 20 CFR §§: 404. Social Security will try to match, in a very abstract way, your current abilities to the requirements of your past work. 920(e) explains “Your impairment However, we will not consider the work you are doing or have done during your current period of eligibility based on disability (or, when determining whether you are eligible for expedited reinstatement of benefits under section 1631(p) of the Act, the work you are doing or have done during or after the previously terminated period of There is not enough information on the form SSA-3369 (Work History Report) to determine whether Mark can return to past relevant work. The work must have: been substantial gainful activity (SGA). The Work History Report is what SSA uses to determine a claimant’s past relevant work. Thankfully, Social Security recently published a new rule that reduces the period it considers when determining whether a person has past relevant work (PRW). 005C. 2: 42: Deny: Capacity for SGA, past relevant work—visual allegation: 16,005: 0. For example, a temporary job that only Past Relevant Work (PRW) refers to any substantial gainful activity performed by an individual within a specific timeframe before the onset of their disability. the claimant meets the medical or medical and vocational criteria for disability, including duration, and Residual Functional Capacity (RFC) precludes Past Relevant Work (PRW) and evidence supports a medical-vocational allowance a fully favorable determination involving pain or mental impairments without obtaining a completed SSA-3373 The claimant is a 53-year-old who is illiterate and has past relevant work as a skilled ironworker. Purpose This emergency message (EM) provides instructions, based on our change of position (CoP) policy, about when we will reopen a prior final determination or decision based on the Intermediate Improvement to the Disability Adjudication Process, Including How We Consider Past Work (PRW) final rule. For detailed relevancy requirements see, We propose to revise the time period that we consider when determining whether an individual's past work is relevant for purposes of making disability determinations and decisions. 001A. We will not consider work to be past relevant work if you started and stopped it in SSA defines transferable skills as those “obtained from performing past relevant skilled or semiskilled work that a claimant can use to adjust to the requirements of other skilled or semiskilled work that falls within the claimant's RFC” (SSA 2018). Determination of the claimant's ability to do PRW requires a careful appraisal of (1) the individual's statements as to which past work requirements can no longer be met and the reason(s) for his or her inability to meet those requirements; (2) medical evidence establishing how the impairment limits ability to meet the physical and mental EXCEPTION: In some instances where a person’s vocational profile is extremely adverse (e. PURPOSE: To clarify the adjudicative policy on considering work in a foreign country as "past relevant work" for purposes of regulations sections 404. You can read more about changes in the disability evaluation process in Social Security’s press release. Obviously, some lifting, carrying, pushing, and pulling were required to complete the claimant’s DI 25005. SSR 82-61: TITLES II AND XVI: PAST RELEVANT WORK -- THE PARTICULAR JOB OR THE OCCUPATION AS GENERALLY PERFORMED The part of the law pertaining to past relevant work provides that as a part of the requirements for a finding of disability a claimant must have a medically determinable physical or mental impairment of such severity that he or · The past relevant work includes skilled or semi-skilled work, as defined by 404. If you are vague when filling out this DI 25005. 005 Disability In such cases, once we determine the claimant is currently disabled, we establish the EOD without considering when the past work stopped falling within the relevant period. ” Past work is relevant if it meets all four requirements below. g. Our Action Plan was the product of over 5,000 recommendations offered by employees from Work is not relevant. If deemed necessary, the adjudicator may perform the required development by obtaining a (1) Definition of past relevant work —(i) What is past relevant work. For development and Understanding Past Relevant Work (PRW) Your Past Relevant Work (PRW) is defined by SSA as work that you have done within the past 15 years, that was substantial gainful activity (SGA), and that lasted long enough for you to learn to do it. 3) The work was substantial gainful IF the criteria in D. This rule applies even if the past job was done only part-time, if it was substantial gainful activity. While this file is under review, a number of factors are taken into consideration including the applicant’s past relevant work activity. For development and Whether Past Relevant Work Must Exist in Significant Numbers in the National Economy (SSR 05-1c)--U. A UWA is an effort to do work in employment or self-employment that discontinues or reduces to the non-Substantial Gainful Activity (SGA) level after a short time (no more than 6 months) because of the claimant’s or beneficiary’s impairment or the removal of special conditions related to the impairment that are essential to continued further performance of work. 965 ; Social Security Rulings (SSRs): 82-62 A Disability Claimant’s Capacity to Do Past Relevant Work, In General; and 82-40 The Vocational Relevance of Past Work Performed in a Foreign Country A . C. 045 Completing Item 22 (Regulation Basis Code) on the SSA-831 DI 27516. Past Relevant Work. Past Work Consideration: With the new A work classification defining the functional requirements of work in terms of the range of the primary strength activities required (that is, sedentary, light, medium, heavy, and very heavy). For those applying for disability benefits, it is If the claimant meets the criteria, the claim is approved; otherwise, the analysis continues to step 4. A UWA is an effort to do work in employment or self-employment that discontinues or reduces to the non-Substantial Gainful Activity (SGA) level after a short time (no more than 6 months) because of the impairment or the removal of special conditions related to the impairment that are essential to the further performance of work. 427), SSR 82-62, "Titles II and XVI: A Disability Claimant's Capacity To Do Past Relevant Work, In General" (C When an applicant sends a disability claim to the Social Security Administration, an adjudicator who works for the SSA review’s the applicant’s file to determine whether or not the individual qualifies for Social Security Disability benefits. 015: Determination of Capacity for Past Work-- Relevance Issues If a physical residual functional capacity (RFC) assessment or mental residual functional capacity (MRFC) assessment evaluating current impairments clearly shows the individual cannot do past relevant work or other work and no exception to MI applies, but the DDS cannot resolve issues of: At step 4 of Social Security's sequential evaluation, the SSA considers your ability to perform your past relevant work. In June, in accordance with its new regulations, SSA released a new [] IF the criteria in D. For development and First, the Social Security Administration will first determine what your “past relevant work” is. 001 - Determination of Capacity for Past Relevant Work (PRW) —Basics of Step 4 of the Sequential Evaluation Process - 07/08/2024 Batch run: 07/08/2024 Rev: 07/08/2024 In 2024, the Social Security Administration (SSA) introduced a significant change to the disability evaluation process by reducing the past work evaluation period from 15 years to 5 years. Ensure each "moderate" or higher B criteria rating area correlates to a specific matching fu nctional limitation in the RFC. Frequently Asked Questions. 968). This change acknowledges that work skills and job responsibilities evolve over time, making older job experiences less relevant. 001. . Obviously, some lifting, carrying, pushing, and pulling were required to complete the claimant’s Reduction of Relevant Work Period: Previously, applicants were required to provide detailed information about their work history over the past 15 years. 1565 , 416. Recalling past work details can be difficult and confusing for many workers, potentially causing them to give up on the process. ” Sections 404. based on the factors described in DI 25005. Pauline Thomas TN BASIC 03-05: DI 25005. (Examples of "special conditions Past relevant work is considered at step four of the evaluation process used by the Social Security Administration to determine whether or not an individual is disabled. If deemed necessary, the adjudicator may perform the required development by obtaining a informaonabout the vocaonal impact of work experience from past relevant work, including over 100 menons about how the agency considers skills, transferability of skills, and skill level of past work; these issues are at the core of this rulemaking. Job titles, dates of employment and job duties are often difficult to obtain from past employers. In some situations, the relevant period is measured from an earlier date. 015A, do not obtain a description of the demands and duties of the job. 968(b)-(c); · The claimant acquired skills in his or her past relevant work that are transferable to jobs in other DOT occupations within the claimant’s residual functional capacity (RFC); and The claimant is the primary source for vocational documentation, and statements by the claimant regarding past work are generally sufficient for determining the skill level, exertional demands, and non-exertional demands of such work. The SSA considers your past work, both 1) as you performed it (and described it in your Work History Report), and 2) how that work is generally performed in the national economy. To be disabled under title II of the Act, or as an adult under title XVI of the Act, a claimant must be unable to engage in any substantial gainful activity (SGA) by reason of one or more medically determinable physical or mental impairments which can be expected to result in death, or which has lasted or can be expected to last for a continuous period of at Frequently Asked Questions. Determining if work experience is relevant. 2. , where the person meets the lifetime commitment medical-vocational profile because they are closely approaching retirement age, have a limited education or less, and have essentially a lifetime commitment to a field of unskilled work that is now precluded by a mental impairment), By considering physical/mental RFC and the claimant’s ability to do past relevant work or other work • Sustainability (ability to do work activities in an ordinary work setting on a regular and continuing basis, 40 hours a week) • Basic mental demands If your own past work was easier than the way the job is ordinarily done, SSA will examine the actual job requirements as you performed them in determining whether you can perform past relevant work. If the individual's combined medical conditions impose limitations on their current RFC, consider the individual's capacity to do their past relevant work (PRW). 1 and D. Effective June 22, Social Security began considering The new ruling is titled “Title II and Title XVI: How We Evaluate Past Relevant Work. Step 5 – When there is insufficient evidence to make a step 5 determination, find the claimant not disabled due to insufficient evidence. Supreme Court Decision in the (1) Definition of past relevant work. · The adjudicator finds that the claimant is not capable of performing any of their past relevant work as actually or generally performed in the national economy, there is no step four finding, or, after finding the claimant can perform their past relevant work, the adjudicator makes an alternative finding that the claimant can also perform 2. Past Relevant Work (PRW) as the Claimant Performed It. See DI 25001. The examiner assesses ability to perform other work by comparing the applicant's RFC to the exertional requirements of work outlined in SSA's medical-vocational guidelines fourth step to develop the claimant's work history and make a How do we determine whether an individual’s past work was done within the past 5 years? The relevant period for PRW is generally measured from the date of our determination or decision on a claim. We are providing notice of SSR 24-2p. 1981-1985, p. There is no medical-vocational rule for a claimant with a light RFC who is closely approaching advanced age and who is illiterate with semiskilled or skilled work PRW with Frequently Asked Questions. An individual can only be found disabled based on a medical-vocational profile if we made a finding at step four that they do not have or are unable to perform their past relevant work (PRW). If the evidence is sufficient to show that past work does not meet any one of the relevancy requirements in DI 25005. 1560 , 404. Your Past Relevant Work (PRW): The SSA will consider if you can still perform any jobs you did in the past (your PRW) given your residual functional capacity (your RFC). Therefore, the DDS proceeds to step 5 of the sequential evaluation process with an expedited vocational assessment as all vocational rules direct a medical-vocational denial, see DI 25005. Ordinarily, RFC is the individual's maximum remaining ability to do sustained work activities in an ordinary work setting on a regular and continuing basis, and the RFC assessment must include a discussion of the individual's abilities on that basis. If deemed necessary, the adjudicator may perform the required development by obtaining a SSA’s Criteria for Mental Illness Disability. 005 for SSA and DDS jurisdiction for Past Relevant Work (PRW) as the Claimant Performed It. 00 Maximum sustained work capability limited to heavy work (or very heavy work) as a result of severe medically determinable impairment(s). Introduction to New Changes in Disability Adjudication. SSR 82-61, PPS-72, Past Relevant Work: The Particular Job or the Occupation as Generally Performed; SSR 82-62, PPS-80, A Disability Claimant's Capacity to Do Past Relevant Work, in General; The Listing of Impairments, (also known as the "listings"), is SSA’s categorized lists of illnesses/conditions and the severity criteria that must be met for a person to be considered disabled. This program policy statement (PPS) is limited to the DI 25005. Work Effort of 3 Months or Less The work must have ended or have been reduced to the non-SGA level within 3 months due to the impairment or to the removal of special conditions related to the impairment that are essential to the further performance of work. 1520(e) and 416. We will first compare our assessment of your residual functional capacity with the physical and mental demands of your past relevant work. A “regular and continuing basis” means a 8 hours a day, for 5 days a week, or an equivalent work schedule. SSA has proposed a change in the Social Security disability analysis: the reduction of the Past Relevant Work Period (PRW) from 15 years to 5 years. 2 in this EM do not apply, DI 25005. The work must have: been performed within the relevant period; Transferability of skills is an issue only when an individual's impairment(s), though severe, does not meet or equal the criteria in the Listing of Impairments in Appendix 1 of the regulations but does prevent the performance of past relevant work (PRW), and that work has been determined to be skilled or semiskilled. At step five, an adjudicator must consider whether medical-vocational profile applies before using the medical-vocational guidelines in DI 25025. If it is necessary to proceed to step 5, use the If the individual's combined medical conditions impose limitations on their current RFC, consider the individual's capacity to do their past relevant work (PRW). 005 . Past relevant work is defined as any work a claimant has performed 1) within the past 15 years, 2) at the substantial gainful level, and 3) performed long enough to learn the job. First, you must have done the work in the past Actually, I should have read the SSR (which is the final published ruling). The Social Security Administration uses a 15-year window here. b. 1520 and 416 In addition, work is no longer relevant if the job lasted less than 30 calendar days. 204. Your “past relevant work” only includes jobs that. Consider any other relevant evidence in the case. We'll need to find out about your past work to decide if you can still do that work. Social Security has a three-part test for what work is considered Past Relevant Work. A change in the criteria for determining disability on which the ALJ or AC decision was based constitutes a “changed circumstance” affecting the issue of disability with respect to the unadjudicated period. RFC is essentially the work you Frequently Asked Questions. For a complete definition of evidence, see DI 22505. DI 25005. Past relevant work is work that you have done within the past 15 years, that was substantial gainful activity, and that lasted long enough for you to learn to do it. Determining whether you can do past As described previously, SSA must determine whether individuals' RFC allows them to perform past relevant work at step 4 or, along with such vocational factors as age, education, and work experience, including transferrable skills, allows them to adjust to any other work in the national economy at step 5. On August 2, 1990, an ALJ determined that the claimant was not disabled because she could perform her past relevant work as a textile machine operator. As discussed in the April 2024 issue of Disability Law News, Social Security changed the definition of past relevant work. 015E. These professionals have in-depth knowledge of the SSA’s requirements, understand the medical listings, and can provide valuable guidance and representation throughout the claims process. Effective June 22, 2024, Social Security began considering work going back 5 years instead of 15 years. Your past jobs must meet each of the three requirements to be considered PRW. SUMMARY: We published in the Federal Register on April 18, 2024, a final rule to revise the time period we consider when determining whether an individual's past work is relevant for the purposes of making disability determinations and decisions under our rules. The residual functional capacity to perform heavy work or very heavy work includes the functional capability for work at the lesser functional levels as well, and represents substantial work capability for jobs in the national economy at all skill The claimant is the primary source for vocational documentation, and statements by the claimant regarding past work are generally sufficient for determining the skill level, exertional demands, and non-exertional demands of such work. E. The claimant later requested an ALJ hearing. , whether the claimant retains the residual functional capacity If the disability determination proceeds to step 4, the claimant must provide evidence that their medically determinable impairment(s) prevent them from performing past relevant work (PRW). For information on the relevant period for specific claim types, see DI 25001. 1565(a)). Past relevant work is work that you have done within the past five years that was substantial gainful activity and that lasted long enough for you to learn to do it (see § 416. Documenting Self-Employment Cases Using the SSA-820-BK (Work Activity Report-Self-Employment) and the SSA-823 (Report of SGA Determination- For SSA Use Only) When evaluating if past self-employment meets relevancy requirements in certain claims, the For more information on past relevant work (PRW) and SGA issues, see DI 25005. The claimant has a prior denial dated 7/7/2021 for ability to perform the past relevant work (PRW) they performed 12/1/2013 to 10/30/2018. Past Relevant Work Assessment: At step 4, SSA assesses the claimant’s past relevant work to determine if they can return to it despite their functional impairments. To determine how the work is One thing to remember is that not all of your jobs qualify as “past relevant work. e. The work history itself can actually be governed as seen in a properly completed SSA form 3369. The SSA will not consider past work at step four unless it is “relevant. are defined by a source as specific work-related limitations. ” More specifically, the SSA’s focus is on a person’s residual functional capacity (RFC) Past Work Consideration: With the new rule, the SSA will now change the way they assess past work experience for SSI and SSDI applicants, shortening the period of past relevant work from 15 years to only 5 years. a. It VS and VE Occupational Evidence. CROSS-REFERENCES: SSR 82-52, "Titles II and XVI: Duration of the Impairment" (C. c. If you can still perform your previous work responsibilities for prolonged periods of time without physical or mental deterioration, you will not be considered to be disabled. If the evidence is sufficient to show that past work does not meet any one of the criteria for relevancy, you have ruled it out. The new rule shortens this period to five years. You will not need to obtain a full description of the demands and duties of the job. Past relevant work is work that you have done within the past five years that was substantial gainful activity and that lasted long enough for you to learn to do it (see § 404. We will ask you for information about work you have done in Social Security Disability Past Relevant Work Criteria. This document is now posted on SSA’s public facing website so every citizen can see, understand, and follow our progress. 423(d)(2)(A) and 1382c(a)(3)(B)) that a claimant who remains physically and mentally able to perform his or her past relevant work will be found not disabled (see 20 CFR 404. To decide whether you have a disability, we will use a 5-step process. Past Relevant Work and Residual Functional Capacity. 8: Step 5: Whether Past Relevant Work Must Exist in Significant Numbers in the National Economy (SSR 05-1c)--U. 015C, in this section. This rule applies even if the past job was done only part-time, as long as it was substantial gainful activity. A To define Past Relevant Work, you focus on a specific portion of your past work – this is the “relevant” part. NOTE 2: Do not rely on test results alone to determine that a claimant is illiterate. For a past job to be relevant, all of the following must be true: As described previously, SSA must determine whether individuals’ RFC allows them to perform past relevant work at step 4 or, along with such vocational factors as age, education, and work experience, including transferrable skills, allows them to adjust to any other work in the national economy at step 5. A VS or VE may offer evidence concerning the physical and mental demands of an individual's past relevant work, either as actually performed by the individual or as generally performed in the national economy, evidence concerning whether an At step 4 of Social Security’s sequential evaluation, the SSA considers whether or not you have the ability to return to your past relevant work. The Title II claim presents a borderline age situation. At this step of the sequential evaluation process, make a finding of fact about the claimant’s residual functional capacity (RFC) to perform the work-related physical and mental demands of past relevant work (PRW). The Major Changes. 65. (PPS-69) SSR 82-40. There are other time frames that are also case-type specific. When you are filling out your Social Security Disability application, it is important that you clearly define your past work experience. Past Relevant Work . We are revising the definition of past relevant work (PRW) by reducing the relevant work period from 15 to 5 years. Do not consider work during the current period of disability (or current period of extended Medicare) as relevant work experience, see DI 25001. ” First, according to the SSA, to be past relevant work, the work must be relevant. Decreasing the relevant work Vocational evidence is any information about an individual's vocational factors (age, education, and past relevant work experience) and the functional demands of any past relevant work or occupational training. 025 Past Relevant Work (PRW) as Generally Performed in the National Economy Citations: 20 CFR §§ 404. He is able to use those skills in other work within his light RFC. The second 5-year rule involves the definition of past relevant work (PRW) during the SSD evaluation process. gwydtx wjke dmzfm wfwnxg upq zoyetw gkhrev wvniedx ndtyhnua nep