Social Security Proposes a Rule Change that Affects Which of Your Past Jobs Are Relevant to the Disability Determination
Changing the Period Considered Past Relevant Work from 15 to Five Years Is a Move in the Right Direction for Disability Claims
The Social Security Administration (SSA) recently published a proposed rule change that will make it easier for disabled adults to qualify for benefits under the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs if adopted.
Specifically, this proposed rule would revise the period the SSA considers when deciding which of your past jobs are relevant in the disability determination from 15 years to five years.
This article explains why we support this change to the SSA’s work history evaluation and how it can help you get disability benefits when your health stops you from working.
Keep reading for more information.
Then call us at 804-251-1620 or 757-810-5614 if you want help from a top-rated disability attorney in Virginia or Maryland.
Does Disability Look at Work History?
Yes.
The Social Security Administration will ask you to complete a work history report as part of the disability application process.
In addition, the SSA will pull earnings records to determine the names of past employers and the amount of money you earned per business per year.
Why Does the SSA Ask for Work History?
To qualify for disability benefits under the Social Security Act, you must prove that you cannot engage in any substantial gainful activity (SGA) because of a medically determinable physical or mental impairment.
The SSA uses a five-step sequential evaluation process to determine whether you (or any other claimant) meet this definition.
At step four of this disability determination process, the SSA considers your work history and whether, given your residual functional capacity (RFC), you can perform any of your past relevant work as you actually did them or as others generally perform them in the economy. Your RFC is the most you can do physically and mentally in a work setting on a regular and continuing basis despite the limitations of your medical conditions and injuries.
The SSA will deny your claim if it finds you can perform any of your past relevant work.
What is Disability’s Current Definition of Past Relevant Work?
The Social Security Administration’s current rules define past relevant work as any job you have done in the past 15 years that was substantial gainful activity and lasted long enough for you to learn how to do it.
Your earnings in a given job usually determine whether that past work qualifies as SGA. But some exceptions exist.
How Will the Proposed Rule Change the SSA’s Definition of Past Relevant Work?
If adopted, the rule change would revise the period the SSA considers when determining whether one of your past jobs is relevant by ten years (from 15 to five years).
Here is an example of how the new rule would work:
Suppose you apply for disability, alleging that you have been unable to work because of one or more medical impairments since July 1, 2023.
Under the current rule, you must prove that you cannot perform any job you have held since 2008 (and for which you performed at SGA long enough to learn the job).
In addition, you have to worry about a vocational expert witness hired by the SSA testifying that any job you have had since 2008 gave you job skills that transfer to occupations at a lower exertion level (physically or mentally).
But if the SSA adopts the proposed revision, you would only have to worry about the jobs you held or the skills obtained from June 2018 through June 2023.
Why is the SSA Proposing this Change?
The notice of proposed rulemaking gives several reasons for the change.
The following two paragraphs in the notice summarize the SSA’s rationale:
We have long recognized that a gradual change occurs in most jobs in the national economy, so that after a certain period of time it is not realistic to expect that skills and abilities acquired in these jobs continue to apply. In this rule, we propose a period of 5 years because it reflects the shorter collection cycles of occupational surveys and data programs, which establish a frame of reference for understanding changing occupational requirements.
Changing the PRW period from the current 15 years to 5 years will better account for the diminishing relevance of work skills over time and reduce the burden on individuals applying for disability. This change will allow us to improve the quality of the information we receive by eliminating the individual’s need to recall and consistently report detailed information about less recent work, reduce the time spent filling out work history forms, and overall reduce waiting times. Accordingly, this proposed change will improve customer service and adjudicative efficiency.
Said differently: The rule change will (a) ease the burden on claimants to remember their past occupations and job duties, (b) ease the burden on claimants’ legal representatives to obtain evidence about past work from employers or about jobs that may no longer exist, and (c) reduce the information and documents the SSA must consider when deciding a claim.
This last reason – efficiency – is critical when the United States Congress and other stakeholders are criticizing the SSA’s massive claims backlog and the time it takes for claimants to get a decision.
How Would Changing the Definition of Past Relevant Work Help Disability Claimants?
Shortening the period for past relevant work will reduce the number of jobs in your work history that the SSA will consider when determining if you have acquired transferable job skills or can perform past work.
Therefore, the rule modification may reduce the number of disability applicants receiving a denial at step four of the evaluation based on a finding they can perform past relevant work.
In addition, the change could reduce the likelihood that the vocational witness testifies at the disability hearing that you gained job skills that allow you to transfer to less demanding work within your RFC.
How Can I Help Get this Proposed Rule Passed?
Any member of the public can submit a written letter referencing this rule (docket number SSA-2023-0024) using one of these three methods:
- Fax: 1-833-410-1631
- Mail: Office of Legislation and Congressional Affairs, Regulations and Reports Clearance Staff, Social Security Administration, 6401 Security Boulevard, Mail Stop 3253, Altmeyer Building, Baltimore, MD 21235.
- Internet: go to the Federal eRulemaking portal at https://www.regulations.gov
The SSA will consider your comments if it receives them by November 28, 2023.
