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There is an interesting wrinkle on the issue of missed days at work in the Second Circuit case of Sczepanski v. Saul, 946 F. 3d 152 (2nd Cir. 2020). That case probably merits wider attention.

During the ALJ hearing in that case, the vocational witness was asked about tolerated levels of missed days, specifically

Often at a Social Security disability hearing, there is testimony from the claimant and the vocational witness about missed days at work.

Many disability claims at the hearing level are decided on the basis of missed work days. This is because a claimant’s symptoms and limitations often do not fit neatly into Social Security’s physical

Last Fall the Social Security published a proposed rule change that would reduce the period of PRW from 15 years to 5 years. As I have said before, I strongly support that change, which would reduce the paperwork burden of disability claims and lead to more realistic determinations.

The Federal Register published today its semiannual

Social Security has published a proposed rule that shortens the lookback period for past relevant work (PRW) from the current 15 years to a 5 year period. The proposed rule would recognize that claimants often do not remember the details of a job held 15 years ago. Further, that past job has limited relevance to

Social security has published a proposed rule which would reduce the period for past relevant work (PRW) from 15 to 5 years. The proposal is the result of a great deal of research by Social Security, and it presents a practical improvement to the disability adjudication process.

The proposed rule is currently in the comment