The Social Security Administration has made a significant change in disability claim evaluation by reducing the number of years it will look at your past work.

As of June 24, 2024, SSA will only consider the work you have performed during the past 5 years as “relevant.” Up until this point, SSA looked at your work history over the past 15 years.

This change will benefit disability claimants because it will be more difficult for SSA to argue that you have the skills or capacity to perform past work. This change reflects the reality that (1) jobs in just about every sector of the economy have changed significantly over the past 15 years; and (2) it reflects the reality that the Dictionary of Occupational Titles (the D.O.T. is a resource that described jobs in the U.S. economy but was last updated 40 years ago but still used by vocational experts at hearings) does not accurately describe most jobs.

In cases where the Grid Rules apply (claimants over age 50 with physical limitations), the new 5 year rule will reduce the likelihood that the vocational expert can identify transferable skills. In the absence of transferrable skills, the more likely that you will be found disabled under a grid rule.

In a broader sense, this change to the “past relevant work” look back makes sense. Most jobs have changed significantly over the past 15 years.

Consider the job of photocopying machine operator. In the D.O.T., this job is classified as unskilled. 15 years ago, it was unskilled. You stood at a copy machine, loaded documents into the feeder and pressed “copy.”

Now, most offices (including mine) use their copiers as high speed scanners. Occasionally we make paper copies but most of the time, a person whose job it is to scan documents has to choose a destination, then go to a computer terminal to confirm the scan came through, then rename the document and save it in a particular directory.

Instead of being a one step process, making copies (scans) may involve 4 or 5 steps, computer skills and more intensive training. Rather than being an unskilled job, a copy machine operator is, in reality, a semi-skilled job.

Similarly, if you performed a job that would be considered semi-skilled or skilled 15 years ago, the skills needed for those jobs have most likely evolved as well.

Recently, in two separate cases, I represented clients at hearings who had been ultrasound techs. Both of them told me that this job has become significantly more physical over the past 15 years. 15 years ago the machines were less portable and many of their patients would come to them. Now, almost all of the patients they evaluated are bedridden. Further, both reported that the ultrasound tech job was much more physical because so many of the patients were obese. The ultrasound tech often has to push and hold a immobile, bedridden patient on his/her side while performing the ultrasound scan.

The D.O.T. classifies “ultrasound technologist” as a light job (lifting 20 lbs. occasionally) but it is now a heavy to very heavy job. One of my clients told me a job requirement for ultrasound techs in most hospitals requires a minimum of 50 lbs. lifting/carrying.

Further, ultrasound techs need to be computer savvy and well versed in software programs used by hospitals. So, a person who worked as an ultrasound tech in 2010 would almost certainly find that this job is significantly different in 2024 requiring both more skills and more lifting capacity. It is beyond time that SSA realizes this as well for many jobs.

The change in the past relevant work look back will make it more difficult for a disability judge to conclude that work you did 10 or 15 years ago is relevant to what you might be able to do now. If there are fewer jobs that might fit your vocational profile, then the more likely it is that the judge will find out disabled.