The Social Security Administration (SSA) recently implemented significant updates to the Past Relevant Work (PRW) rule, impacting how disability claims are evaluated. Instead of assessing an applicant’s past 15 years of relevant work, the SSA has changed it to 5 years. This change has started discussions and raised questions among those navigating the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) application processes. Here’s what you need to know about this update and its implications.
New SSA Work History Rule Now in Effect, Reducing PRW From 15 Years to Five Years
“We are finalizing our proposed regulation to revise the time period that we consider when determining whether an individual’s past work is relevant for the purposes of making disability determinations and decisions. We are revising the definition of past relevant work (PRW) by reducing the relevant work period from 15 to 5 years. Additionally, we will not consider past work that started and stopped in fewer than 30 calendar days to be PRW. These changes will reduce the burden on individuals applying for disability by allowing them to focus on the most current and relevant information about their past work. The changes will also better reflect the current evidence about worker skill decay and job responsibilities, reduce processing times, and improve customer service. This final rule also includes other minor revisions to our regulations related to PRW.”
This rule modifies the time frame the SSA considers when determining the relevance of past employment from fifteen years to five years.
For example, imagine you apply for disability benefits, claiming that medical impairments have prevented you from working since July 1, 2023. Previously, you must have demonstrated that you cannot perform any job you held since 2008 (provided you performed the job at a substantial gainful activity level long enough to learn it). However, with the new rule, your focus would only shift to jobs held or skills acquired between June 2018 and June 2023.
Why is the SSA Changing PRW Rules?
The reduction of the Past Relevant Work period from 15 years to 5 years by the SSA aims to simplify and expedite the disability evaluation process. This change focuses evaluations on an applicant’s recent work history, more accurately reflecting their current skills and abilities. It has the potential to improve assessment accuracy, reduce appeals and court cases, provide timelier access to benefits, and ensure fairness in disability determinations amidst evolving job landscapes. This shift represents a positive advancement toward a more accessible Social Security Disability Insurance system.
What is the SSA’s Five-Step Sequential Rule?
The Social Security Administration uses a five-step sequential evaluation process to determine if an individual qualifies for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Here’s an overview of the SSA’s five-step sequential rule:
Step 1: Substantial Gainful Activity (SGA)
In the first step, the SSA evaluates whether the applicant is engaged in substantial gainful activity. For 2024, the SGA threshold is $1,550 monthly for non-blind individuals and $2,590 for blind individuals. If the applicant is working and their earnings exceed these thresholds, the SSA considers them not disabled.
Step 2: Severity of Impairment
If the applicant is not engaged in SGA, the SSA evaluates the severity of their impairment(s). The impairment(s) must significantly limit the applicant’s ability to perform basic work activities such as walking, sitting, lifting, or remembering for at least 12 consecutive months. If the impairment is not severe enough to meet this criterion, the SSA will determine the applicant is not disabled.
Step 3: Listing of Impairments
At this step, the SSA determines if the applicant’s impairment meets or equals a medical condition listed in the SSA’s Listing of Impairments (also known as the “Blue Book“). These listings describe impairments considered severe enough to prevent an individual from performing any gainful activity. If the applicant’s impairment meets a listing, they are generally considered disabled without further evaluation.
Step 4: Past Relevant Work
If the applicant’s impairment does not meet or equal a listing, the SSA assesses whether the applicant can perform any of their past relevant work (PRW). PRW is now determined as work that the applicant performed in the past 5 years, considering the nature of the work, how it was performed, and the skills required. If applicants can still perform their PRW, they are considered not disabled.
Step 5: Other Work
Suppose the applicant cannot perform their past relevant work. In that case, the SSA evaluates whether they can adjust to other work that exists in significant numbers in the national economy, considering the applicant’s residual functional capacity (RFC), age, education, and work experience. If applicants cannot adjust to other work, they are considered disabled. If they can adapt to different work, they are considered not disabled.
Please note that this rule change impacts steps four and five of this process, as it refers to an individual’s work history and ability to learn, adapt, and perform substantial gainful activity.
What is Substantial Gainful Activity (SGA)?
Substantial Gainful Activity (SGA) is a term used by the Social Security Administration to describe a level of work activity and earnings that they consider significant enough to be evidence of an ability to engage in substantial gainful activity. Specifically, for individuals applying for or receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits due to disability, SGA refers to the work activity level indicating an individual is not disabled under the SSA’s rules.
As of 2024, the monthly earnings threshold for SGA is $1,550 for non-blind individuals and $2,590 for blind individuals. These thresholds are adjusted annually based on national average wage index changes. If an individual’s earnings exceed these thresholds, the SSA generally considers them capable of engaging in substantial gainful activity, which may lead to a determination that they are not disabled under SSA rules.
Speak With Michigan’s Leading Disability Firm for Free
If you’ve become disabled and can no longer work, it could turn your life upside down. Navigating the complex and confusing Social Security claims process compounds this stress and should be the least of your concerns. At Disability Attorneys of Michigan, disability law is all we do. We are here to guide you through the application process and handle your claim from start to finish as you focus on healing. We won’t get paid until we get an approval.
Contact us today by submitting a form online or calling our office at 800-949-2900 for a free case evaluation.