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.
Getting approved for Social Security disability benefits is a unique combination of skill, luck and persistence.
Skill
in that someone has to prepare the case for appeal before an
administrative law judge. The person preparing the case must
understand, at minimum, the five sequential steps in the evaluation
process. The case won't go to step 2 until it passes step 1, etc.
Legally admissible evidence has to be presented and that evidence should
be compelling. Social Security will, honestly, be looking at ways to
deny the claim or appeal. So, skill is required to develop and present a
potentially winning case.
Luck,
in that there are things you cannot control. One example, you cannot
control which judge hears your case. Award rates vary widely from judge
to judge.
Persistence,
because most claims get denied at least once along the way. Don't give
up when this happens. A denial early in the process is not the end,
just the beginning. Appeal and keep going.
What
appeals are available to an ordinary Social Security disability claim,
once it has been initially denied? They are as follows:
1. Reconsideration (used in 40 states, but not used in Alabama--go to # 2).
2. Hearing before an administrative law judge.
3. Review by the Appeals Council.
4. File a suit in Federal District Court against the Commissioner of Social Security.
5. File an appeal in the U.S. Circuit Court of Appeals
The
appeals shown above must be taken in order. You cannot, for example,
file a suit in a Federal District Court until you have been refused by
the Appeals Council. For practical purposes, most claims end after the
Appeals Council. Only about 1 percent of all claims end up in Federal
District or Circuit Courts. At any point along the way, the claimant
may choose to dismiss the appeal and file a new claim (which does not
necessarily protect all of his/her interests in the original claim or
appeal). This should be done with caution and after vigorous
consideration of the pros and cons. Should you continue your appeal or
file a new claim? Get some professional advice before making that
decision.
A successful Social Security disability claim must meet, at a minimum, the following checklist:
- There is a severe Medical impairment (either physical and/or mental) which has lasted, or is expected to last, a minimum of 12 consecutive months.
- There is objective medical evidence to prove the impairment, its severity and its duration. Medical evidence must include evidence from what Social Security acknowledges to be "accepted medical sources," in most cases medical doctors or clinical psychologists. Certain other providers are acceptable in some cases. For examples, a podiatrist may give evidence about foot disorders and an optician may provide evidence about vision disorders.
- Severity of the claimant's impairments must be such that he/she cannot perform any past relevant work.
- Depending on the claimant's age and other factors it if often necessary to show that the claimant cannot perform ANY other work that exists in significant numbers in the national, regional or state economy.
Add bonus points to your claim for any of the following:
- Support from one or more of your treating doctors in the form of a Medical Source Statement
- A long stable history of employment
- Failed attempts to return to work; you tried it and just weren't able to work
- You are age 55 or over (You may meet a medical-vocational guideline)
Contact the Forsythe Firm for a free consultation (256) 799-0297
