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

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...
Post a Comment
Read more

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...
Post a Comment
Read more

WHAT TYPE OF DENIALS DOES SOCIAL SECURITY ISSUE?

In Social Security disability, the most common denials are medical denials.  This means that Social Security doesn't believe the medical evidence in your case meets the exacting standards for an award of disability.  There are technically two kinds of medical denials: 1.  You are able to perform some of your past relevant work.  They have looked at your work history for the past 15 years and judged that your medical conditions permit you to perform one or more of your past jobs.  This is what we call a "Step 4 denial." 2.  You are not able to perform any of your past work - but there is other work in the national economy that you are able to do.  This is called a "Step 5 denial" because it occurs at the 5th and final "step" in the decision making process. There are other types of denials, not nearly as common as the two above.  We sometimes think of these as "automatic" denials or "technical denials."  They are not medical decisions...
Post a Comment
Read more