In view of the seismic rule change reducing the past relevant work period to 5 years, and new Ruling 24-2p, it is a good time to review the various issues involved with past relevant work (PRW).
At Step 4 of Social Security’s sequential evaluation, the SSA considers your ability to perform your past relevant
If you have a claimant awaiting at the hearing level who was denied benefits by DDS at Step 4 due to the ability to perform a past job, and that job was last performed more than 5 years ago, that job no longer counts as PRW.
Take a look at the case to see if
In January, Social Security added claims at Initial and Reconsideration to its status report in Electronic Records Express (ERE). After 5 months using this additional feature, I have found it to be hugely helpful. It is a marked improvement for those of us managing Social Security disability claims.
Social Security has now added more data
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These two Emergency Messages are steps toward addressing the outdated
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
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