HOW SOCIAL SECURITY CONSIDERS YOUR PAST RELEVANT WORK

In Social Security disability cases, the term "Past Relevant Work" or PRW is used to mean: 

• Work you have performed within the past 5 years
• Work you performed at Substantial Gainful Activity (substantial earnings)
• Work you did long enough to be proficient.

Social Security once "looked back" 15 years at past work.  Now they only consider jobs you held within the past 5 years prior to disability.

Why is 5 years better than 15 years?  Most claimants will have fewer jobs in the last 5 years than in the last 15.  Each past job is an opportunity for Social Security to deny your claim--by saying you are still able to perform one or more of the past jobs.  (We call this a "Step 4 denial").

In the mandatory five-step decision making process, Social Security must determine whether the claimant can perform any past relevant work. If they can, the claim will be denied. They will consider

1. Age
2. Education
3. Residual Functional Capacity (How much function you still retain).

In order to determine if the claimant can perform any past relevant work, they must understand past work:  was it sedentary, light or medium level exertion? How much lifting/carrying, standing/walking, reaching, bending did each job require?  The more physically difficult a job was, the less likely you can still do it.

How does Social Security obtain details about your past relevant work?

They primarily get this job information from a form you fill out during the application process--the WORK HISTORY REPORT.  It's important to realize that you, the claimant, self-report your past work activities.  

In my 20-plus years of practice, I rarely see a Work History Report completed correctly.  Most claimants under-value these forms and think they are not important.  They rush through the form with the idea of finishing it as easily and as quickly as possible.  This is a great way to be denied.

 Social Security will have a vocational expert review your past work report.  The expert will use a variety of data sources to classify and detail each job, such as the Dictionary of Occupational Titles (DOT), Job Browser Pro, Bureau of Labor Statistics, etc. These sources will provide the standard requirements of each of your past jobs.  However......

The information that you self-reported on your Work History Report will, in many instances, be the job information that will approve or deny your claim.

Let me give you an example:  "Lesley" reported her past work as a 'cashier."  The vocational expert said that the cashier job was "Light Exertion Level" (DOT Code 211.452-010) and rated it as "unskilled work."  The light exertion classification requires standing about 6 hours during an eight-hour day and occasionally lifting /carrying less than 20 pounds as a maximum.  At Step Four of their process, Social Security determined that "Lesley" was able to perform at the Light Exertion level; therefore she could still do the work of a cashier.  Her benefits were thus denied.

This was an incorrect decision based on Lesley's incomplete Work History Report, which SHE herself had completed months earlier during the application process.  The form was very incomplete and what she DID NOT write on the report doomed her case, though she didn't know it.

Lesley's work was incorrectly classified by Social Security's vocational expert. What she did NOT report was:

--- In addition to being a cashier, Lesley also performed the duties of a stock clerk, which required lifting boxes weighing up to 30 pounds.

--- While a typical cashier would lift/carry less than 20 pounds, Lesley helped unload trucks of stock--sometimes lifting up to 40 pounds. This would change the job's exertion classification from "Light exertion" to "Medium Exertion."

Social Security determined, based on Lesley's medical records, that she was capable of performing "Light" work.  So, the cashier job was still available to her and she was not disabled according to Social Security's rules.

If Lesley has properly reported her previous job duties, a classification of "medium" would have been assigned and she was NOT capable of performing medium exertion work; therefore, her application would have been APPROVED.

There are 2 key take-aways:

(1)  When you apply for Social Security disability, take a long time and carefully, completely fill out the Work History Report--leaving nothing blank.

(2) If you are confused by the Work History Report (as most claimants are), seek some help to get it done correctly.  It isn't just a form to muddle through and finish as quickly as you can.  It may determine whether you are approved or denied....and it will have an impact on your decision.

Most lawyers and advocates who represent Social Security claimants will sit down with the claimant and help them complete the forms accurately and fully.  There will be no additional fee for this service.

 In Social Security law, what you don't know will hurt you.