Social Security released EM-24026, entitled: Isolated Occupations We Will Not Use to Support a “Not Disabled” Finding at Step Five of the Sequential Evaluation Process and EM-24027, entitled: Guidance Regarding the Citation of Certain Occupations at Step Five of the Sequential Evaluation Process.
These two Emergency Messages are steps toward addressing the
The new 5-year period for past relevant work (PRW) becomes effective today. New DDS determinations and ALJ decisions will only evaluate 5 years of past work. The 5 years runs from the date of adjudication (or the date last insured, if earlier). See 20 C.F.R. 404.1565(a) and Ruling 24-2p.
In the world of Social
SSA issued Social Security Ruling 24-2p to clarify how past relevant work (PRW) is evaluated. It is a comprehensive look at PRW. This Ruling rescinds SSR 86-8, and rescinds and replaces SSRs 82-61 and 82-62.
The Ruling poses and answers 10 questions about Past Relevant Work:
New Ruling 24-1p addresses three medical-vocational “profiles” that are occasionally applicable in disability claims. The profiles are considered at Step 5 of the sequential evaluation. If you meet the criteria of the profile at Step 5, you will be found disabled under Social Security’s rules. This new Ruling recinds and replaces Ruling 82-63.
The first
On April 18, 2024, Social Security published a final rule revising the period for Past Relevant Work (PRW) from 15 years to 5 years. That published rule contained an implementation date of June 8, 2024.
A notice in today’s Federal Register delayed implementation of the new rule by two weeks. The new rule will now
For many years I have written briefs for judges prior to hearings on disability claims. Since I have started writing short briefs for disability examiners at the initial or reconsideration level, I have won many more cases at the DDS levels of review.
I write short, one or two-page letters to the disability examiners, setting
New evidence for Social Security claims must be submitted 5 business days ahead of the hearing. See 20 CFR 404.935(a) and HALLEX I-2-5-13. With a typical weekend, that’s 7 days ahead of the hearing. Holidays, which are of course not business days, must be accounted for as well.
The upcoming Juneteenth National Independence Day
I really like the checksheet for on the record (OTR) requests. It gives the judge all the information needed to evaluate an OTR request.
Here is a completed checksheet from an actual case (with identifying information changed, of course). Page 1 has all the relevant dates. Page 2 has the theory of the case, distilled
Social Security updated its Best Practices for Claimants’ Representatives just over a year ago, in April of 2023. I was reminded of them by my recent letter from an ALJ, which set forth that particular judge’s best practices for a hearing.
This list of best practices is required reading for Social Security disability lawyers.
I recently had a disability case with a judge from the Albany hearing office. That judge sends out a letter 30 days before a scheduled hearing setting his expectations for evidence at the hearing. I really liked the letter. It is not standard practice for most judges to send a prehearing letter like this, at