The Fourth Step in Social Security’s 5-Step Disability Analysis – Past Relevant Work (PRW)
Social Security reviews cases using a five-step sequential evaluation process to decide when an individual a person is disabled under the agency’s rules. Previously we looked at these five steps in brief and at the First, Second and Third Steps (Substantial Gainful Activity, Severe Impairments and the Listing of Impairments respectively) more deeply. Here is a longer look at the Fourth Step in the 5 questions that make up the sequential evaluation process: Past Relevant Work
If you still are able to perform any of the past work you did over the prior 15 years at a substantial gainful activity level (see the definition of substantial gainful activity), Social Security can deny your claim for benefits.
Example: If you previously performed very physical work (construction work or nursing), but you also worked as a telemarketer for six months 12 years ago, you may be denied based on your ability to still perform the telemarketing job. This may apply even though it is not your most recent work, the employer is no longer in business, and regardless if you cannot get hired for that type of work any more. Keep in mind that this is just a general overview. Every case depends on its specific circumstances. Also, there are a number of issues around this step including whether you worked long enough to learn the job.
Social Security’s own policy (Ruling 82-62) requires that an individual’s previous work experience satisfy the following three criteria before the work experience may be considered past relevant work (PRW).
– The previous work must have been substantial gainful activity (SGA) before it may be classified as past relevant work (PRW).
– The previous work must satisfy they “duration” requirement before it may be classified as past relevant work (PRW). Per Social Security, “Duration refers to the length of time during which the person gained job experience. It should have been sufficient for the worker to have learned the techniques, acquired information, and developed the facility needed for average performance in the job situation. The length of time this would take depends on the nature and complexity of the work.” As well as, “An individual who has worked only sporadically or for brief periods of time during the 15-year period, may be considered to have no relevant work experience.”
– The previous work must satisfy the “recency” requirement before it may be classified as past relevant work (PRW). Per Social Security, “Recency refers to the time which has elapsed since the work was performed. A gradual change occurs in most jobs in our national economy so that after 15 years it is no longer realistic to expect that skills (or proficiencies) and abilities acquired in these jobs continue to apply. The 15-year guide is intended to insure that remote work experience which could not reasonably be expected to be of current relevance is not applied. While the regulations provide that a claimant/beneficiary’s work experience is usually relevant when the work ‘was done within the last 15 years,’ in some cases work performed prior to the 15-year period may be considered as relevant when a continuity of skills, knowledge, and processes can be established between such work and the individual’s more recent occupations.”
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