Changes To Past Relevant Work and Disability Determinations
Reading Time: 2 MinutesLast Updated: July 15, 2024
In fiscal year 2023, more than 1.8 million people applied for disability benefits through Social Security’s two programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Until recently, Social Security required adult applicants to provide their work history going back 15 years. That’s because the inability to work is key to Social Security’s definition of disability.
In general, Social Security finds adult applicants to be disabled only if they have a severe medical condition that either prevents them from doing any substantial work for at least 1 year or is expected to result in death.
Based on this strict definition of disability for both SSDI and SSI, it’s not surprising that Social Security’s disability application focuses on a person’s illnesses and injuries, limitations, treatment, and work history.
But recalling the details of 15 years of employment – job titles, duties, dates, etc. – can be a major challenge. At the Urban Justice Center, our clients often struggle to provide accurate information from their past. To improve their work history narrative while their disability application is pending, we routinely help them to update and clarify information about their previous jobs.
Thankfully, Social Security recently published a new rule that reduces the period it considers when determining whether a person has past relevant work (PRW).
Effective June 22, Social Security began considering work going back 5 years, not 15. In addition, work is no longer relevant if the job lasted less than 30 calendar days.
You can read more about changes in the disability evaluation process in Social Security’s press release.
Decreasing the relevant work period from 15 to 5 years will make it easier for people to accurately report their work history. The reduction also makes sense given Social Security’s recent efforts to modernize the vocational policy that is used to make disability decisions. Research indicates that certain types of skills – namely, “manual” skills – can significantly deteriorate in 5 years.
The PRW changes will reduce the time it takes for applicants to fill out Social Security’s work history forms. This is a small step to simplifying the disability application process. Social Security also benefits by receiving better quality information earlier in the evaluation process.
Ultimately, millions of people applying for disability should see a reduction in processing times.
Our posting of this blog does not constitute an endorsement or recommendation of any non-Social Security organization, author, or webpages.
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Tags: Disability, social security, SSI, supplemental security income
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Norma R.
If a person has to be on SSI instead of retirement because of insufficient calendar working quarters . What happens to the funds that “were” paid in by payroll deductions ? Say you were just slightly under the required points, but paid in quite a bit otherwise?
S.D.
Hi, Norma. Thanks for reading our blog and for your question. You earn credits (quarters of coverage) when you work and pay Social Security taxes. The money you pay in taxes is not held in a personal account for you to use when you get benefits. Your contributions help fund Social Security and Medicare programs. Today’s workers help pay benefits for current retirees and other beneficiaries. You must earn 40 credits to be eligible for retirement benefits. For more information about credits, visit our website or read our How You Earn Credits publication.
While we cannot pay benefits to you if you don’t have enough credits, you are getting a monthly Supplemental Security Income (SSI) payment. To learn about your eligibility for other programs, including Medicaid, read Understanding SSI. We hope this helps.
winnie
This is encouraging many more dishonest applicants to go through channels and be able to receive SS benefits which they don’t deserve.
Michele
Doesn’t this also make it hard for individuals to get the required work credits needed? I would imagine 15 years is going to produce those credits rather than just the 5 years. Alot of denials could result or atleast more than usual due to the shorter 5 year term.
Tizzle
I would hope that they calculate the points differently 🤷🏽♀️
S.D.
Hi, Michele. Thanks for reading our blog and for your question. You earn Social Security credits when you work and pay Social Security taxes. We review your lifetime yearly earnings to calculate your credits. The number of credits you need depends on the type of benefit and your age. No one needs more than 40 credits for any benefit. Our new rule about past relevant work does not affect how we determine the number of credits you have or your benefit amounts. For more information about Social Security credits, visit our Frequently Asked Questions. We hope this helps.
Matthew W.
This makes perfect sense. Being denied for disability because of a previous job that no longer exists is as wrong as approving disability for someone that isn’t disabled.
This move is going to make it easier on the applicants and faster for SSA to adjudicate. Let’s see more!!
Ann
I was denied disability after contributing for 38 years!! Why does your contribution not count? I wish I could have put that money in a savings account instead!!
Ericka J.
Oh y you have to hire a disability attorney to represent the SSA then they will pay up when it’s safe for them legally to give you your money they have they will charge a one time fee of $853 usually out of back pay off waiting for SSI SSA or SSDI
Frank
The fee iz $6000 for most people and is max amount legally allowed out of back pay.
S.D.
Hi, Frank. Thanks for reading our blog and for your comment. The maximum attorney fee under the fee agreement process is $7,200 as of November 30, 2022. The Social Security Act limits a representative’s fee to 25% of past-due (retroactive benefits) up to the maximum, whichever is less. More information about representatives and fees can be found in our publication, Your Right to Representation.
Bella C.
The fee is $7200 and it’s going up again in October or November 2024 to like $8500 for attorney fees now. That’s the new cap.
S.D.
Hi, Ericka J. Thanks for reading our blog and for your comments. Although many people handle their own appeals, a representative familiar with our programs can provide a valuable service. However, the decision to seek the services of a representative (attorney or another qualified person) is a personal choice. The maximum representative fee is $7,200 as of November 30, 2022. For more information about representatives and the fees they can charge, read our factsheet, Your Right to Representation. We hope this helps.
MICHELE
Reach out to your county and state representatives. Especially during election time. I got approved by reaching out and showing my denials and records. Don’t settle for one or two denials without reaching out.
Gene
That’s called cheating. Social Security disability is for those who can not work at any job.
Ben S.
I did, more barriers to access there and failures to redress grievances.
Gatekeepers deny us a voice.
Ben S.
I did, more barriers to access there and failures to redress grievances.
Gatekeepers deny us a voice.
Says I already posted this. Whatever I didn’t.
S.D.
We’re sorry to hear of your situation, Ann. We pay disability benefits to people who are unable to work because of a condition that is expected to last at least 12 months or to result in death. If you were recently denied disability benefits, you may file an appeal, usually within 60 days of receiving the decision. If you are outside of your appeal period, you may apply again. To learn more about how we decide if you have a qualifying disability, visit our How You Qualify page. If you are at least 62 and have your 40 credits, you can apply to receive early retirement benefits. For more information, check out our Plan for retirement page. We hope this helps.
Aleks R.
Previous work history, even only for the last 5 years should not be even relevant. The disability determination should be based on the current health condition, not on the work history. During the last 5 years a person could be totally fine, and currently becoming disabled. Only doctor’s notes with diagnosis should be considered, nothing else!!!!
Ericka J.
Then you rob yourself of anything your parents left behind in their work history
Worked s.
Thank you.
justice
Dishonest applicants can get a doctor’s note somehow.
My next door neighbor who walks his 2 big dogs 3 times a day for the past 15 years has been collecting SSDI. He said his Chiropractor is taking care of him.
JudgeNot
Walking his dogs is probably a lot different from the job he used to do 40 – 60 hours a week and probably 12 hour shifts.
There are too many “judges” here assuming situations they know absolutely nothing about. Sounds like jealousy too. Mind your own business and stop worrying about things you can’t do anything about.
S.D.
Hi, Aleks. Thanks for reading our blog and for your comments. We pay disability benefits to people who are unable to work because of a medical condition that is expected to last at least 12 months or to end in death. After a person applies for disability benefits, we will ask their treating sources for medical evidence, including medical records, doctors’ reports, and recent test results. We ask about a person’s work history because we need to decide if they can still do that work. As of June 22, 2024, when determining whether past work is relevant, we consider only 5 years of past work, not 15. To learn more about the review process, visit How We Decide If You Are Disabled. We hope this helps.
Andrea S.
My son is 20, he has autism, And I’ve never been able to get him HCBS. 1915 (c) benefits because he makes too much money in child support. New York’s Medicaid follows SSI rules of parental deeming. They only waive the household, so they count it was the child/ ADC unearned income .
I am told to put child support it in a trust, Which has payback rule
Spend down which I won’t be able to achieve.
Autistic children that come from families of divorced parents (Which is about 80% of couples with autistic children)
Those children get punished because their parents are divorced? If his parents were still married, Dad income would not count.
Now child support and extended until they’re 26 so what should I do?
Do I keep the child support to keep him where he’s living right now or do I give it back to New York and go move into a school district that offers minimal to no services. Or is very unsuitable and dangerous for my child.
Tele
Does this mean that effective pay rate may be determined by potential income if were not disabled?
Mrs. M.
There’s a website called “WeWork” that a lot of employers use, it shows almost all your work history. Why not use that to find information? Also, can’t SSA just see in their records which companies were sending SSA deduction payments in, on behalf of said employee? This sounds like nonsense to me.
Retired
SSA doesn’t just need to know where a claimant has worked. Detailed job descriptions are needed to determine if based on the limitations assessed by SSA, a person can still do their past work as they described it, or as it is done in the national economy. Or if skills are transferable to a job with less exertion. It is very time consuming to obtain this information from a person with a very skilled job. Also, some people have had many many jobs in the past 15 years and remembering all job details from every job is not easy for some. Hope that helps.
Ben S.
Yet they give you 500 characters and count spaces as characters.
You try to be detailed without hitting a character limit.
It’s called a barrier to access for the neurologically different
Gene
The IRS collects FICA tax, not Social Security.
S.D.
Hi, Melinda. Thanks for reading our blog and for your questions. We pay disability benefits to people who are unable to work because of a medical condition that is expected to last at least 12 months or to end in death. We need to know more about a person’s work history than their past employers. We need to find out details about their past work to decide if they can still do that work. We also need to know if the person learned skills on their job. For more information, visit How We Decide If You Are Disabled and our blog. We hope this helps.
Betty P.
Because of the many delays when my daughter tried to get Social Security disability, she ended up committing suicide. She got a letter 1 year after her death that she was eligible to get disability. We received the amount of back pay, but that did not bring back our daughter or ease our pain of her death.
Alena Y.
Sincere Condolences for you tragic loss.
RJ
That’s terrible! A parents nightmare! That’s our system for you…….
S.D.
We are so sorry for your loss, Betty. You can submit your feedback at our How can we help? page. From there, select the “Email Us” link. This will take you to the “Email Our Support Team” form where you can submit a complaint, compliment, or suggestion. Our deepest sympathies to you and your family.
don
Strongly disagree, should not make it easier to obtain any benefits.
Joe
I totally agree. I have met people who are collecting Social Security disability benefits and are perfectly healthy and able to work.
Snook
I’ve seen that too. Makes it harder on those who need extra help.
I’m a quadriplegic and I could use more help but those are able to work and on disability take the extra money that good be given to those who really need it.
JUSTICE
Very true, Snook..
$$ should go to someone who needs it, but NOT the dishonest ones who are taking advantage of the 5 years reporting system.
I have seen SSDI beneficiaries in my neighborhood are up and around, taking trips and travelling in foreign countries. They don’t deserve collecting SSDI benefits
Besides, if applicants find15 years of reporting difficult for them, they can EASILY get help.
Annoymous
Disability insurance will be a thing of ‘the past soon. They make it so difficult to get all the information you need when they already should have that information since it is all submitted with each paycheck. People who are disabled are at even more disadvantage if they have to have pain medication and are not capable of writing all the info SS needs. Get an attorney and they send in a letter and tell you to wait….then another letter….and another letter….then a scheduled meeting or type of trial before a SS “Judge”. Then the attorney gets the check from your back pay and sends you what’s left. In the meantime you turn 62 and file for regular SS and therefore are ineligible for disability…all this and you get a check for $500! Whoopee! Let’s go pay some bills!!! It’s not worth the effort. I was making between $24,000 and $30,000 a year, which is considered below the poverty limit, and not being able to work I am damned to take care of myself however I can manage. Thank God I have a family who cares! Because even though I have paid in thousands even tens of thousands, I cannot collect.
S.D.
Thanks for reading our blog and for your comments. You mentioned several issues. Regarding attorney fees: If a representative (attorney or a non-attorney) represents a person approved for disability benefits, we may withhold up to 25% of the person’s past-due benefits to pay toward the fee. We may pay all or part of the representative’s fee from this money and send the Social Security beneficiary any money left over. Regarding our disability program: We do not pay disability benefits if you become disabled and unable to work after full retirement age. If you become disabled before full retirement age – even if you already receive early retirement benefits – you can apply for disability benefits. We automatically convert disability benefits to retirement benefits at full retirement age. The benefit amount will stay the same. For more information about disability, visit How You Qualify. The most convenient way to apply for benefits is to use our online disability application. If you prefer to schedule an appointment, call us at 1-800-772-1213, Monday through Friday, from 8 a.m. to 7 p.m. We hope this helps.
Katty
I agree I live in front of a woman who gets SSI but she is working on her the table doing hair at her home sh lives in housing authority in plant city FL she is lieing to the housing authority and SSI as well she gets about 1,000 dollars in food stamps as well . She also goes on Facebook and advertises had business
Tizzie
No one, NO ONE gets $1000 in food stamps.
Gene
So report it, duh.
Ben S.
Oh no! She’s doing her hair?
I just can’t with you humans.
S.D.
Hi, Katty. Thanks for reading our blog and for your comments. We take allegations of fraud very seriously. You can submit a report about Social Security fraud, waste, or abuse using our online form.