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. Continue reading →
Like many federal bureaucracies, Social Security has developed its own language for describing many of the concepts that underlie a disability evaluation. Since disability considers your capacity to work by looking at both your past work and about other jobs, a description of your past work is an important part of your case evaluation. You should try to become familiar with some of these terms prior to your hearing.