WHICH PAST JOBS WILL SOCIAL SECURITY CONSIDER?
At Step 4 of the disability determination process, they must determine if you can perform any of your past relevant work (PRW, for short). If you are age 50 or above, this is probably the Step that will decide whether you get benefits or not.
So, is all of your work considered "Past Relevant Work??
Not necessarily. To be judged as PRW, a job must meet the following criteria:
1. It Must Have Been Performed With the Past 15 Years.
Jobs you held longer than fifteen years. Older jobs don't count, which is a good thing. More about that later.
2. The Job Must Have Been Performed as Substantial Gainful Activty or SGA.
The simplest explanation is that part-time jobs usually don't count. You must have earned a certain minimum amount of wages at each job. The amount changes year to year. For example, in 2019 your work would count as substantial if you earned at least $1,240 per month.
3. You Must Have Held the Job Long Enough to Learn How to Perform the Job.
If you were hired as a trainee and didn't complete the training process, for example, the job doesn't count as past relevant work. If you worked a week or so and quit, it won't count. Judges will usually count most unskilled jobs as "substantial" if the claimant performed the job for at least 3 months.
So, if all 3 of the above tests are met, a job is considered to be Past Relevant Work (PRW).
I want to use the case of Alvin to explain why past work can be very important in a disability case. (No real names are used):
Alvin, who is 55 years old, worked in a tire production factory for 18 years doing work that required lifting more than 50 pounds frequently. It was classified as unskilled heavy work. Alvin now has sciatica and neuropathy which prevents him from doing heavy work of this nature. Under medical-vocational guides, he would be deemed disabled unless he had lighter, easier work in his past. The catch here is this: If Alvin ever held a job at the light or sedentary exertion level, the rules may find that he is not disabled because he can still perform the lighter work.
Alvin did once work as a quality control inspector on a small electrical parts assembly line. This was sedentary work that required very little standing or lifting. It is very likely that Alvin could still perform this work. If that work is considered to be Past Relevant Work, it may cause Alvin to lose his benefits.
That job, however, was performed from 2001 to 2003. It's been more than 15 years ago; therefore, it cannot count as Past Relevant Work. It can't be considered and therefore it cannot be used to deny the claim.
We must consider not only medical evidence, but work history, too, as we prepare for a Social Security disability decision.
_______________
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
EMail Us: forsythefirm@gmail.com
So, is all of your work considered "Past Relevant Work??
Not necessarily. To be judged as PRW, a job must meet the following criteria:
1. It Must Have Been Performed With the Past 15 Years.
Jobs you held longer than fifteen years. Older jobs don't count, which is a good thing. More about that later.
2. The Job Must Have Been Performed as Substantial Gainful Activty or SGA.
The simplest explanation is that part-time jobs usually don't count. You must have earned a certain minimum amount of wages at each job. The amount changes year to year. For example, in 2019 your work would count as substantial if you earned at least $1,240 per month.
3. You Must Have Held the Job Long Enough to Learn How to Perform the Job.
If you were hired as a trainee and didn't complete the training process, for example, the job doesn't count as past relevant work. If you worked a week or so and quit, it won't count. Judges will usually count most unskilled jobs as "substantial" if the claimant performed the job for at least 3 months.
So, if all 3 of the above tests are met, a job is considered to be Past Relevant Work (PRW).
I want to use the case of Alvin to explain why past work can be very important in a disability case. (No real names are used):
Alvin, who is 55 years old, worked in a tire production factory for 18 years doing work that required lifting more than 50 pounds frequently. It was classified as unskilled heavy work. Alvin now has sciatica and neuropathy which prevents him from doing heavy work of this nature. Under medical-vocational guides, he would be deemed disabled unless he had lighter, easier work in his past. The catch here is this: If Alvin ever held a job at the light or sedentary exertion level, the rules may find that he is not disabled because he can still perform the lighter work.
Alvin did once work as a quality control inspector on a small electrical parts assembly line. This was sedentary work that required very little standing or lifting. It is very likely that Alvin could still perform this work. If that work is considered to be Past Relevant Work, it may cause Alvin to lose his benefits.
That job, however, was performed from 2001 to 2003. It's been more than 15 years ago; therefore, it cannot count as Past Relevant Work. It can't be considered and therefore it cannot be used to deny the claim.
We must consider not only medical evidence, but work history, too, as we prepare for a Social Security disability decision.
_______________
The Forsythe Firm
Social Security Disability Counselors
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
CALL US: (256) 799-0297
EMail Us: forsythefirm@gmail.com
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