One of the most frequent limitations assessed by Social Security due to a claimant’s mental health symptoms is a limitation to simple tasks. That limitation alone is not disabling, by any means. But it can have a significant effect on a disability claim when combined with physical limitations. For claimants over the age of 50
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Recent denial based upon outdated PRW
By Gordon Gates
I just signed up a new client who was initially denied disability benefits at step 4 of the sequential evaluation, based upon a job he last performed in 2016.
It is often an issue in a disability claim when a claimant with physical impairments has PRW at the sedentary exertional level, because that work…
Unsuccessful work attempt
By Gordon Gates
If you have worked at the SGA level at any time since the alleged onset date of your Social Security disability claim, it can be problematic for your claim. You must have (or expect to have) a 12-month period of disability to qualify for Social Security disability (or have a condition which is expected to result in…
Factors not considered at Step 4 of the Sequential Evaluation
By Gordon Gates
Social Security uses a 5-step sequential evaluation to determine disability. Step 4 comprises your ability to perform your past relevant work (PRW), both as actually performed by you, and as generally performed in the national economy.
There are a number of factors that are not considered at step 4. POMS DI 25005.001C. states:
When…
Past Relevant Work Overview
By Gordon Gates
In view of the seismic rule change reducing the past relevant work period to 5 years, and new Ruling 24-2p, it is a good time to review the various issues involved with past relevant work (PRW).
At Step 4 of Social Security’s sequential evaluation, the SSA considers your ability to perform your past relevant…
OTR Request based on new PRW Rule
By Gordon Gates
If you have a claimant awaiting at the hearing level who was denied benefits by DDS at Step 4 due to the ability to perform a past job, and that job was last performed more than 5 years ago, that job no longer counts as PRW.
Take a look at the case to see if…
ERE Status Report Updated
By Gordon Gates
In January, Social Security added claims at Initial and Reconsideration to its status report in Electronic Records Express (ERE). After 5 months using this additional feature, I have found it to be hugely helpful. It is a marked improvement for those of us managing Social Security disability claims.
Social Security has now added more data…
SSA issues two new Emergency Messages regarding certain occupations at Step 5
By Gordon Gates
Social Security released EM-24026, entitled: Isolated Occupations We Will Not Use to Support a “Not Disabled” Finding at Step Five of the Sequential Evaluation Process and EM-24027, entitled: Guidance Regarding the Citation of Certain Occupations at Step Five of the Sequential Evaluation Process.
These two Emergency Messages are steps toward addressing the outdated…
5-year period for PRW now in effect
By Gordon Gates
The new 5-year period for past relevant work (PRW) becomes effective today. New DDS determinations and ALJ decisions will only evaluate 5 years of past work. The 5 years runs from the date of adjudication (or the date last insured, if earlier). See 20 C.F.R. 404.1565(a) and Ruling 24-2p.
In the world of Social…
Social Security issues Ruling 24-2p “Titles II and XVI: How We Evaluate Past Relevant Work”
By Gordon Gates
SSA issued Social Security Ruling 24-2p to clarify how past relevant work (PRW) is evaluated. It is a comprehensive look at PRW. This Ruling rescinds SSR 86-8, and rescinds and replaces SSRs 82-61 and 82-62.
The Ruling poses and answers 10 questions about Past Relevant Work:
…