One of the most frequent limitations assessed by Social Security due to a claimant’s mental health symptoms is a limitation to simple tasks. That limitation alone is not disabling, by any means. But it can have a significant effect on a disability claim when combined with physical limitations. For claimants over the age of
Recent denial based upon outdated PRW
I just signed up a new client who was initially denied disability benefits at step 4 of the sequential evaluation, based upon a job he last performed in 2016.
It is often an issue in a disability claim when a claimant with physical impairments has PRW at the sedentary exertional level, because that work
Factors not considered at Step 4 of the Sequential Evaluation
Social Security uses a 5-step sequential evaluation to determine disability. Step 4 comprises your ability to perform your past relevant work (PRW), both as actually performed by you, and as generally performed in the national economy.
There are a number of factors that are not considered at step 4. POMS DI 25005.001C. states:
When
Past Relevant Work Overview
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
OTR Request based on new PRW Rule
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
5-year period for PRW now in effect
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
Social Security issues Ruling 24-2p “Titles II and XVI: How We Evaluate Past Relevant Work”
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:
5-year PRW Rule delayed 2 weeks
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
New PRW Rule will eclipse Barnhart v. Thomas
In Barnhart v. Thomas, 540 U.S. 20 (2003), the Supreme Court held that past relevant work (PRW) does not have to exist in significant numbers in the national economy to be considered at Step 4 of the Social Security sequential evaluation.
Here is the story: Pauline Thomas worked as an elevator operator for
PRW reduced to 5 years
Social Security published a final rule in today’s Federal Register, reducing the period for past relevant work (PRW) from 15 years to 5 years. The rule becomes effective June 8, 2024.
Step 4 of the disability sequential evaluation considers a person’s ability to perform their past relevant work (both as actually performed and as generally