Friday, October 16, 2015

WHY PAST RELEVANT WORK (PRW) IS SO IMPORTANT

Definition.  Past Relevant Work (PRW) is the work the claimant has performed during the 15 year period prior to the application for benefits or hearing.  All work may not be PRW.  Past Relevant Work is work which the claimant performed.....
  • at substantial gainful activity (SGA) level - essentially full time
  • performed long enough to be competent in the job.
  • and worked in a normal, competitive work environment, as opposed to a sheltered workshop.
Importance.  PRW is important for several reasons.  At Step 4 of the required sequential evaluation process, the decision maker must determine whether the claimant can perform any of his or her PRW.  If PRW is possible, then the claim must be denied at Step 4.  Also, 20 CFR §404, Section P, Appendix II will direct the decision maker to a finding of disability in certain circumstances where past relevant work was unskilled.  Therefore, a proper classification of PRW is essential to use regulatory advantages that may be applicable.

Specifics.  The vocational expert called to testify at your case will need to know some particulars about past work. (There is always a vocational expert).  Here are some specifics that are essential:
  • What kind of work did you perform, machines or tools you used...work process, etc.?
  • How long did you perform each job?
  • Was the work skilled, semi-skilled or unskilled (based on kind of work, process, etc.)?
  •  How much lifting (in pounds) was frequently and routinely performed in each job?
  • What is the maximum lifting (in pounds) you performed, even if only occasionally?
  • How many hours per day did you sit, stand and/or walk?
  • Were there any unusual requirements of your jobs?  For example, your job title may have been "Cashier," but you had to stock shelves and unload trucks at times, too.  Or, your job title may have been "Engineering Assistant" but what you really did most of the time was carry heavy tools or equipment around for your boss.  That changes the job from semi-skilled to unskilled, which the adjudicator needs to know.
On the Initial Application, details about past relevant work is obtained on a form called the "Work History Report," which is filed with the application.  Don't skimp on this form.  Fill it out completely, accurately and give all the details asked for.  This will help properly classify all of your Past Relevant Work.  This form follows you through the appeal process.

At the Hearing Level, your representative should take time to be certain that the vocational expert giving testimony will understand the details of each past relevant job.  Eventually, the judge is probably going to ask the vocational expert this question:  "Based on the claimants, age, education  and residual functional capacity I have outlined, can the claimant perform any of his/her past relevant work?"  A Yes answer will mean you are not disabled.  A No answer at least gets you past Step 4 and to the final step, Step 5.  In some cases, especially with older claimants, a No answer at Step 4 can end the hearing with a favorable decision if the claimant meets a medical-vocational guidelines or "grid rule."

If you take away only one simple thought from this post, it would be this.  Give enough detail about your past work that the vocational expert can properly understand and classify all of your past jobs (during the most recent 15 year period).  Don't skimp on the details.

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