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