Under a new rule which became effective last month, to determine past relevant work when applying for disability benefits, the Social Security Administration will review only five years of past work. The previous policy required people to provide detailed information about 15 years of work history. It was difficult for individuals to remember back that far and often led to incomplete or inaccurate reporting. Also, the agency will no longer consider past work that started and stopped within fewer than 30 calendar days.
.Acknowledging that jobs change over the years and skills learned from jobs in the distant past may no longer be relevant in today’s environment, the Social Security Administration (SSA) has updated a key regulation which applies to the fourth step of its disability evaluation process.
To understand how this rule change will reduce the burden for Americans with disabilities who are seeking the benefits they have rightfully earned, let’s examine how the SSA determines whether you qualify for SSDI disability payments.
Step 1: SSA will want to know if you are working and earning more than $1,550 per month. (This is the “Significant Gainful Activity” dollar amount for 2024 and is subject to change from year to year.) If you are earning more than this, Social Security will not consider you as disabled.
Step 2: Asks the question "Is your condition severe?", that is, do your medical problems interfere with your basic work-related activities. If they do, then Social Security will move on to Step Three.
Step 3: If you pass the first two steps, the SSA will review your medical records to determine whether your disability matches one of the many conditions included in the “Listing of Impairments”. Even if your disability isn’t listed, you may still qualify through an equivalent condition. This step determines your medical eligibility.
Step 4: Social Security will decide if your medical condition prevents you from doing any of the work you have done in the past. If Social Security rules that you can resume your past work, your claim will be denied. If your medical condition makes this impossible, then Social Security will proceed to Step 5.
Step 5: Social Security will look at your situation and decide if you are able to adjust to other work. Social Security will consider your medical conditions, your age, education, past work experience, and any transferable skills you may have. If you cannot adjust to other work, your claim likely will be approved. If Social Security believes you can adjust to other work, your claim will be denied.
Previously in Step 4, Social Security would examine your past relevant work for the previous 15 years. The new rule, adopted earlier this month, changes the past relevant work period from 15 years to 5 years.
This is a significant (and in our view, common sense) change to the disability evaluation process. There are many good reasons for the change. In proposing the rule revision, SSA said “changing the relevant work period from the prior 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.” Reducing the burden on disability applicants means that when you apply you won’t have to remember (and describe in detail) 15 years of past work.
The Social Security Disability claims system is complex and confusing. More than two out of three first time Social Security disability claims are denied. But don't give up. For a free evaluation of your case contact Cuddigan Law where you have a dedicated team of professionals in your corner who understand the system and who will fight for your rights.
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