Skip to main content

SOCIAL SECURITY HAS CHANGED THE PAST RELEVANT WORK RULE

 There is a recent rule change regarding "past relevant work" (PRW) that significantly effects Social Security disability cases.

If a claimant over 50 is physically limited, the key issue is whether they can do their past relevant work (PRW).

Until recently Social Security looked at past relevant work for a period of 15 years before the alleged disability began.

However, on June 22, 2024 Social Security changed the rule about past relevant work (PRW).  They now only consider PRW that occurred within the past 5 years.

This means there are fewer jobs and potential transferable skills that could get the claimant denied.  

Let's Define the Term "Past Relevant Work" (PRW)

1.  Work that was performed during the past 5 years prior to the alleged disability.

2.  Work that was performed at the level of Substantial Gainful Activity (SGA).  For example, in 2024 SGA means earning a gross wage of at least $1,550 per month.  In 2024, SGA was $1,550 per month.  In 2023, it was $1,470.  SGA in 2022 was $1,350.  In 2021 it was $1,310.  Back in 2020, SGA was set at $1,260.  Earnings below those amounts do not count as Past Relevant Work.

3.  Work that was performed long enough to learn how to do the work proficiently.  There is no set time on this.  But most judges will not count work as Past Relevant Work if it was performed less than 30 days, or if the trial period or training period was not completed.

This new rule can favor the claimant by ruling out remote past work which might be used to deny a claim.

How Past Relevant Work is Reported

For a Social Security disability claim,  PRW gets reported as part of the application on the Work History Form.  I find that many claimants skip over this form or complete it partially or incorrectly.  This can have a disastrous affect on their claim.  To decide whether the claimant can perform any past relevant work, they must understand the demands of of each job within the 5-year PRW period.  They use the Work History Report to evaluate the demands and skill levels required of past work.

There is a confusing portion on the Work History form that nearly always gets omitted or erroneously completed by the claimant.  It's the bottom portion of the form which calls for the frequency or amount of time spent on sitting/walking/standing, lifting, bending, kneeling, crouching, crawling, handling, reaching, etc.  I admit this is difficult for someone who has never filled out one of these forms.  If you don't understand how to properly complete this Work History form, call a local disability lawyer or advocate who can advise you.  There usually is no fee for this assistance and it can make a huge difference in how your claim gets adjudicated.  The WORST thing you can do is:  leave part of the form blank or take a guess at how to complete it and get it wrong.

_____________

By Charles W. Forsythe,M.S., The Forsythe Firm, Huntsville, AL.  Phone (256) 799-0297.

Comments

Post a Comment

Popular posts from this blog

MUST YOU MEET A LISTING FOR SOCIAL SECURITY DISABILITY?

You hear talk of getting SSDI benefits by "meeting a Listing."  What are the Listings? The Blue Book listings are found in the regulations at 20 CFR 404, Subpart P, Appendix I. The Listings are divided into 12 body systems.  Each severe impairment is listed under its respective body system.  For example, Congestive Heart Failure is listed under Section 4.00 - Cardiovascular System. When you go there, there is a list of severe symptoms, and they are severe.   If you exactly meet or equal the list of very extreme symptoms you will be automatically approved for disability. Here's the problem:  Meeting one of the listings is about as likely as winning the Super Lotto.  It is very, very unlikely that you will do so. Thus, 99 percent of claimants do not and cannot get approved by meeting a listing.  The listings are only for catastrophic, extreme impairments that most claimants simply do not have--or do not have at the severity level demanded by the listings...
Post a Comment
Read more

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS .  All unfavorable Social Security decisions must be appealed within 60 days ....
Post a Comment
Read more

CAN A LAWYER / ADVOCATE HELP YOU IN DISABILITY HEARINGS?

 HOW A LAWYER INCREASES YOU ODDS     There are many things a trained disability advocate or lawyer can do for you in a disability claim.  The biggest reason to have a lawyer or advocate is that you are 3 times as likely to be approved when using one. As with all levels of applying for SSI and SSDI , it is not required that you have attorney representation. However, the hearing before an Administrative Law Judge is your BEST chance of being approved for Social Security benefits. During this stage your chances of being approved are highly improved by having an attorney that is skilled with disability law . Only an experienced lawyer or advocate will understand the difficult and confusing concepts discussed at the hearing.  If you don't have a lawyer you will probably understand very little of what goes on at your hearing. Before your hearing your attorney can prepare you for the questions you will be asked at the hearing. A vocational expert will be a...
Post a Comment
Read more