Effective June 8, 2024, a significant regulatory shift will occur within the Social Security Administration (SSA) concerning disability benefit determinations. This pivotal change reduces the period considered for past relevant work from 15 to 5 years, potentially streamlining the approval process for disability claimants aged 50 and above.
What does this mean?
- Substantial Gainful Activity (SGA): Initially, SSA evaluates whether the claimant is engaged in substantial gainful activity, defined in 2024 as earning $1550/month before taxes or other deductible expenses. If the claimant is earning below that amount, they move on to step 2.
- Severe Medical Condition: SSA then determines if the claimant has a medically diagnosed severe condition. If yes, the analysis moves to step 3.
- Meeting or Equaling Listings: Next, SSA evaluates if the claimant’s severe medical condition(s) meet or equal the criteria outlined in the published “listings”. If the claimant meets the criteria, the claim is approved; otherwise, the analysis continues to step 4.
- Past Relevant Work Assessment: At step 4, SSA assesses the claimant’s past relevant work to determine if they can return to it despite their functional impairments. If SSA finds the claimant cannot perform their past work, they move on to step 5.
- Consideration of Other Work: Finally, SSA evaluates if the claimant can perform alternative work considering age, education, and transferable skills.
Previously, SSA considered jobs held within a 15-year timeframe. However, with the upcoming regulation, SSA will review a 5-year window during steps 4 and 5 of the sequential analysis.
How does this revision benefit claimants?
Consider Jenny, a 52-year-old woman who worked at a call center from 2013 to 2016 and then as a server from 2017 to 2022. Following a severe motor vehicle accident in January 2023, she couldn’t resume work due to injuries affecting her ability to stand, walk, and lift.
Under the old rule, SSA would evaluate Jenny’s 15-year work history, potentially denying her claim based on her ability to return to her past work at a call center due to the sedentary nature of the job. However, with the new 5-year window, SSA only considers Jenny’s work as a server, which is considered “light” rather than sedentary because of the physical requirements of a server. Supported by medical documentation, Jenny successfully demonstrates her inability to return to past work. At step 5, the judge considers Jenny’s age (52), her education (high school), and her past work experience only as a waitress. The judge finds that based on her past relevant work, she does not have transferrable skills to other work in the national economy with marginal adjustment and, therefore, approves her disability claim.
In essence, this regulatory adjustment offers a more tailored assessment of a claimant’s recent work history, potentially increasing the likelihood of approval for disability benefits.
