Changes to Past Relevant Work Definition

The Social Security Administration recently issued SSR 24-2p, effective June 22, 2024. The ruling consolidates and clarifies existing policies on how the Social Security Administration (SSA) evaluates an individual’s ability to perform past relevant work when determining disability for both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs under Titles II and XVI of the Social Security Act. It is helpful for claimants representatives and attorneys to be aware of this guidance. 

In late 2023, the Social Security Administration proposed a change to to the time period to be considered when evaluating a claimant’s past relevant work in making a disability determination. It was a rare claimant-friendly proposal that saw Social Security suggest reducing the past relevant work (PRW) period from fifteen years to five years. This proposal was finalized in April 2024, officially reducing the relevant work period to 5 years! The administration will also not consider past work that started and stopped in fewer than 30 calendar days to be PRW.

The goal of these changes are to reduce the burden on claimants applying for disability benefits by allowing them to focus on the most current and most relevant information about their past work.

Social Security Ruling 24-2p provides updated guidance on this new change in the evaluation process. It rescinds SSR86-8 and rescinds and replaces SSRs 82-61 and 82-62. It becomes effective June 22, 2024.

How does past relevant work factor into a disability determination?

Past relevant work (PRW) is a key factor in determining disability eligibility under the Social Security Administration’s (SSA) 5-step sequential evaluation process. Here’s how PRW factors into the disability determination:

1. At Step 4 of the sequential evaluation, the SSA reviews the claimant’s PRW to determine if they can still perform that work given their residual functional capacity (RFC – the ability to work despite impairments).
2. The SSA first identifies the claimant’s PRW based on their work history. Then it compares the physical and mental demands of that PRW to the claimant’s current RFC assessed by medical evidence.
3. The SSA considers two aspects when evaluating ability to do PRW:
   a) Whether the claimant can perform the job as they actually performed it previously.
   b) Whether the claimant can perform the job as it is generally performed in the national economy, based on job descriptions like the Dictionary of Occupational Titles.
4. If the SSA determines the claimant can still perform their PRW, they are found not disabled. If unable to do PRW, the evaluation proceeds to Step 5 to assess ability to do other work.
5. Recent changes reduce the PRW period from 15 years to 5 years, which is expected to increase disability allowances and reduce burden on claimants providing work history details.

Do you need an attorney for your disability claim?

An experienced social security disability attorney has expertise in extensive disability laws and regulations like this one, can guide you through the disability process, communicate with SSA on your behalf, and provide case evaluation and strategy. At Anderson & Ackerman Law Group, this is what we do. Our legal assistance is tailored to handle your specific case and situation. Contact us about your claim today!