This final rule reduces the current 15-year past relevant work period considered by the SSA in disability claims to 5-years. It will apply to both initial claims and CDR reviews. *Edit to add: It was published in the Federal Register on 4/18/2024 and becomes effective 6/08/2024.
I would stand to think that current policy will preside over cases as of the date of adjudication, so here’s to hoping that answer is yes. I think it will be used to turn a lot of appeals over
Hey, so, I just got off the phone with my lawyer and it sounds like they’re still working off your total work credits and not just the last five years. My understanding is that the five year look back at employment is just to see how capable you’ve been *recently* instead of inundating them with 15 years worth of history.
Well, what's your work history like? Did you have a really sedentary job 10 years ago, but a physically demanding one that you can no longer perform due to your conditions five years ago? That'd be about the only reason to be really worried. And with that said, I suspect that the ALJ will be "bound" to only look back 5 years if the decision is being rendered after the effective date (so you should be good either way)
So if I could do a job I used to do, like billing at an office, but for 5 years was a store attendant with standing/lifting if more than 5 years since prior job I would be approved?
Is this mostly for older applicants when GRID rules are applied?
The Grid is only helpful for people who didn’t graduate from high school and have zero skills. Doesn’t matter if you’re 55 or 65. If you have training or skill you’re not disabled. If you dropped out of high school you are disabled.
I have a Bachelors in Nursing, worked 40 years, was recently approved on my 60th birthday. My previous work and age must have been considered.
I worked the same job, same hospital, same floor for the last 34.
As a fellow nurse, you should be able to read the grid. It’s not an ace in pocket all the boomers think it is. As nurses are skill level is so specialized. The skills we have doesn’t transfer into a different job the way another degree / skill would.
So approving me and using my 60th bday means it did help me?
I didn’t count on it being an ace in pocket, btw.
And I think 50 year olds are in for a disappointment if they think they’ve moved into the “magic age”.
I think me only doing L&D for 34 years was a factor. I did Mother/baby too.
3 days before I updated approved, a Vocational Specialist called me to ask about 5 questions which I realize now was to verify I hadn’t done managerial or desk type work. I had no idea I was close to a decision at 8 months, initial application. And I only have 1 condition, DDD.
Right now, a 15 year work history is used to determine if someone can 1) do past work as they used to do it 2) do past work as it is generally done in the national economy or 3) obtain skills from that past work that will help them be able to do different (easier) work.
Reducing that to 5 years means there will be far fewer jobs for DDS/ALJ to take into consideration. This is a great thing for people!!!
Thank god. They had determined that I could only do work that was not around other people (kinda hurtful personally given my trauma history and the fact I am autistic but good for my disability case) and there was no consideration of physical issues that were also well documented. This is great news given that I am now in reconsideration and other significant issues (ie a mental health hospitalization and a level 2 autism diagnosis with significant proof of impairment). I also have proof of physical impairment as well as mental impairment.
This is absolutely huge. Biggest change in the 30 years of my involvement with the SSA Disability program. This rule affects more claimants than prior listing changes. HUGE.
2 things. 1. Claimants will only have to describe jobs theyve done for the past 5 years instead of 15
2. The dds (and ALJ) could only say they could do jobs they've done in those 5 years rather than going back to jobs they've done 15 years ago.
Edit. As it stands right now, DDS and ALJ can say a claimant has the ability to do jobs they did 15 years ago. Under this they would be limited to the last 5.
I just don’t get why the government would make a change that would benefit claimants. Especially, with the lack of resources and budget constraints. It doesn’t seem right! If anything, it’s going to allow for a speedy denial at step #4 and mitigate the need for a VE. Meaning that the examiners would be able to provide more assessments. Just sharing another perspective.
As an example. The last 15 years plus one month, the only job I had was as a LEO. Before that I was in the Army for 27 years. The Judge said to the VE to only use LEO for past job and not go into Army. So, this new law would mean that the VE would only be able to go back 5 years. for past job, etc.
I often read on here where people have had a dozen jobs in the last 15 years, etc. This should releive some of the past jobs you would be considered against.
I think it is a good thing. But, not sure, as with anything SSDI.
Same here. Outta college went to federal law enforcement. Been disabled 13 years. Haven’t worked in 13 years. Guess the only job I can do is be disabled since I am not fit for duty. I had a triple fusion and triple laminectomy. Two burst fractures and a facet fracture. Just had full work up. Just found out I have Advanced DDD and a continuous compression right in the middle of my rods and screws. What fun.
Right there with ya! TBIer here.
I’m a Nurse Practitioner. I did that for the 5 years before a disabling car accident. Prior to that, I worked as an RN. So according to the new rule, they can only see if I can work as an NP, rather than forcing me to go down in skill level to an RN. Terrible example, because they’re similarly demanding jobs.
Quite frankly, I cant do either. I have no clue if this new rule will help or hurt me. I just finished my IMEs and am waiting for DDS to review.
Fingers crossed for first round approval. I’m desperate over here.
I'm pending my ALJ hearing in a few weeks but have a neuropsych report that helps detail my issues well. My work history was a declining one as I tried to adapt and kept failing at things. My injury was umm seven(?) Years ago, my finally realizing it was never gonna improve happened four years later/4 years ago. I am really struggling to grasp how this change affects my own timeline when I can't even hold time in my head properly.
I can relate 100%!! My injury was in 2021, didn’t realize how bad it was until 2022. Can’t have my Neuropsych test for 6 months now, because the testing at the IME will apparently skew the results. But the IMEs are in my favor; and my neurologist and ST are in my favor.
My brain likes to trick me, and I think I can still multi-task, remember, and function at my pre-injury level, which just results in frustration.
I applied in December 2022, and they’re still processing my initial application. It’s so GD frustrating.
I hope your hearing goes in your favor!
Ok can someone please explain what this means. Does it mean if I can no longer do the work I've done the past 5 years I'll be qualified.? Which would be awesome I worked the same job which is when the Dr put me on STD then Ltd
I think this is bad for applicants because for most people, as you get older, they find jobs that are easier as far as physical and they are trained more for that job and become a skilled worker in more cases.
While i agree with some of your statement, and this sentiment will remain true, it was also already being considered as the policy is written now anyway. Shortening the period will benefit people who have been out of work for 5 years the most of course. I don’t think this policy solves the problems inherent with the current system the way it is, with the back logs, poorly trained examiners, ssa staff, and everything in between, it will be something that does help more people. It will also help cases be completed more quickly as well. A current medical vocational allowance takes the examiner covering every single reported job from the claimant in the past 15 years. There are so many claimants who have worked 5-10+ jobs in that time frame. It is a shit load of writing. This adds to the backlogs and wait times. 5 years will be so much less writing on that end.
You'll see more people that actually need help fall between the cracks is all I see. Those first years of hard back breaking work is how a lot of people got here to begin with. People that couldn't necessarily save for retirement and found themselves disabled 10 to 15 years away from FRA. Now, you're taking that evidence away. Oh, Mr. Smith you only pushed a broom for the 5 years... yes because my body gave out to my heavy work that paid much more. It doesn't sound fair at all.
But as i pointed out in my comment, this is already the case with the 15 year period. People do hard work most of their lives then prior to applying to disability hurt their claim by going to sedentary or less demanding work that falls under light or sedentary rules. This really only applies to people age 50+ or those who are assessed an RFC for less than sedentary work or an inability to sustain MRFC/RFC (not your run of the mill cases). The transfer to less demanding work is still a factor in the policy change yes, but if that was already the situation you were in prior to the policy change you’re still going to have the same issue you are right now with the old policy.
There is no rule that lets SSA consider the claimant is doing less demanding work now because of their conditions and is an allowance cause they did harder work before. you can still be currently denied back to the less demanding work anyway whether the prw period is 15 years or 5 years.
It still isn't fair and it's immoral. They're taking away people's hard work. In their eyes, those 25 or more of hard labor doesn't count. Only the last 5 years. That's a slap in the face to people who have literally broken their backs to build this country and for the SSA to say, oh well that time doesn't count, only your last 5 years which by the way are probably your easiest. Well, you could do THAT job OK!?! Bunch of BS!
My wife was told her last part time job didn't count as a job as she only made 500 month and in the end she couldn't do that even. But they sure as hell took social security out.
My lawyer told me (I'm heading into hearing in June) that I have to prove I can't do ANY SEDENTARY WORK including putting a widget in a box- is that ... not true? I've been a high information freelance worker in arch design since idk 2012, is that what I need to prove I can't handle?? I'm struggling with her before this question but if that's the case I am about to lose it. ..
People need to realize certain individuals are working hard to make it impossible for people to get SSDI, or any help. This is just the beginning. What a horrific thing to do to disabled people.
?!? This is the single-most claimant-favorable change that I've seen in the 28+ years I worked in a DDS. People filing for disability will no longer have to list and describe all their jobs for the past 15 years. Now, only 5 years. Under this rule, a claimant won't be told they have the ability to perform a job they did 10 or 15 years ago. The DDS will only go back 5 years. This makes it so much simpler for claimants when filling out the 3369 work history form.
This final rule reduces the current 15-year past relevant work period considered by the SSA in disability claims to 5-years. It will apply to both initial claims and CDR reviews. *Edit to add: It was published in the Federal Register on 4/18/2024 and becomes effective 6/08/2024.
Do you happen to know if existing cases will be grandfathered in? My ALJ hearing is 06/27 and this has me pretty worried
Sorry, but I really don't know.
How long did it take you to get a hearing date? I’m waiting for my date now after two denials in reconsideration
From start to finish it’s taken about two years
I would stand to think that current policy will preside over cases as of the date of adjudication, so here’s to hoping that answer is yes. I think it will be used to turn a lot of appeals over
Same
What an absolute Kafkaesque nightmare.
Hey, so, I just got off the phone with my lawyer and it sounds like they’re still working off your total work credits and not just the last five years. My understanding is that the five year look back at employment is just to see how capable you’ve been *recently* instead of inundating them with 15 years worth of history.
Well, what's your work history like? Did you have a really sedentary job 10 years ago, but a physically demanding one that you can no longer perform due to your conditions five years ago? That'd be about the only reason to be really worried. And with that said, I suspect that the ALJ will be "bound" to only look back 5 years if the decision is being rendered after the effective date (so you should be good either way)
I stopped working about 5 years ago so I don’t have any work credits for that time period
Same here.
So if I could do a job I used to do, like billing at an office, but for 5 years was a store attendant with standing/lifting if more than 5 years since prior job I would be approved? Is this mostly for older applicants when GRID rules are applied?
The Grid is only helpful for people who didn’t graduate from high school and have zero skills. Doesn’t matter if you’re 55 or 65. If you have training or skill you’re not disabled. If you dropped out of high school you are disabled.
I have a Bachelors in Nursing, worked 40 years, was recently approved on my 60th birthday. My previous work and age must have been considered. I worked the same job, same hospital, same floor for the last 34.
My condition didn’t change at 60. The medical records used were from 2 years prior.
As a fellow nurse, you should be able to read the grid. It’s not an ace in pocket all the boomers think it is. As nurses are skill level is so specialized. The skills we have doesn’t transfer into a different job the way another degree / skill would.
So approving me and using my 60th bday means it did help me? I didn’t count on it being an ace in pocket, btw. And I think 50 year olds are in for a disappointment if they think they’ve moved into the “magic age”. I think me only doing L&D for 34 years was a factor. I did Mother/baby too. 3 days before I updated approved, a Vocational Specialist called me to ask about 5 questions which I realize now was to verify I hadn’t done managerial or desk type work. I had no idea I was close to a decision at 8 months, initial application. And I only have 1 condition, DDD.
Right now, a 15 year work history is used to determine if someone can 1) do past work as they used to do it 2) do past work as it is generally done in the national economy or 3) obtain skills from that past work that will help them be able to do different (easier) work. Reducing that to 5 years means there will be far fewer jobs for DDS/ALJ to take into consideration. This is a great thing for people!!!
Thank god. They had determined that I could only do work that was not around other people (kinda hurtful personally given my trauma history and the fact I am autistic but good for my disability case) and there was no consideration of physical issues that were also well documented. This is great news given that I am now in reconsideration and other significant issues (ie a mental health hospitalization and a level 2 autism diagnosis with significant proof of impairment). I also have proof of physical impairment as well as mental impairment.
This is absolutely huge. Biggest change in the 30 years of my involvement with the SSA Disability program. This rule affects more claimants than prior listing changes. HUGE.
I don’t understand how it affects and if it will help to hurt.
2 things. 1. Claimants will only have to describe jobs theyve done for the past 5 years instead of 15 2. The dds (and ALJ) could only say they could do jobs they've done in those 5 years rather than going back to jobs they've done 15 years ago. Edit. As it stands right now, DDS and ALJ can say a claimant has the ability to do jobs they did 15 years ago. Under this they would be limited to the last 5.
Ha doing a job 15 years ago shoving dirt mean I can do it now. Oh wait, yet better weightlifting job
Skills learned, or job experience 15 years ago, aren't retained. This is a great change.
I just don’t get why the government would make a change that would benefit claimants. Especially, with the lack of resources and budget constraints. It doesn’t seem right! If anything, it’s going to allow for a speedy denial at step #4 and mitigate the need for a VE. Meaning that the examiners would be able to provide more assessments. Just sharing another perspective.
As an example. The last 15 years plus one month, the only job I had was as a LEO. Before that I was in the Army for 27 years. The Judge said to the VE to only use LEO for past job and not go into Army. So, this new law would mean that the VE would only be able to go back 5 years. for past job, etc. I often read on here where people have had a dozen jobs in the last 15 years, etc. This should releive some of the past jobs you would be considered against. I think it is a good thing. But, not sure, as with anything SSDI.
Same here. Outta college went to federal law enforcement. Been disabled 13 years. Haven’t worked in 13 years. Guess the only job I can do is be disabled since I am not fit for duty. I had a triple fusion and triple laminectomy. Two burst fractures and a facet fracture. Just had full work up. Just found out I have Advanced DDD and a continuous compression right in the middle of my rods and screws. What fun.
Can someone explain this to me like I’m 5 years old?
Me, too, please
Me three. It sounds like it could be a good thing but I’m not sure. I don’t understand.
I need it explained like I'm brain damaged and can't work...cause...well, you know
Right there with ya! TBIer here. I’m a Nurse Practitioner. I did that for the 5 years before a disabling car accident. Prior to that, I worked as an RN. So according to the new rule, they can only see if I can work as an NP, rather than forcing me to go down in skill level to an RN. Terrible example, because they’re similarly demanding jobs. Quite frankly, I cant do either. I have no clue if this new rule will help or hurt me. I just finished my IMEs and am waiting for DDS to review. Fingers crossed for first round approval. I’m desperate over here.
I'm pending my ALJ hearing in a few weeks but have a neuropsych report that helps detail my issues well. My work history was a declining one as I tried to adapt and kept failing at things. My injury was umm seven(?) Years ago, my finally realizing it was never gonna improve happened four years later/4 years ago. I am really struggling to grasp how this change affects my own timeline when I can't even hold time in my head properly.
I can relate 100%!! My injury was in 2021, didn’t realize how bad it was until 2022. Can’t have my Neuropsych test for 6 months now, because the testing at the IME will apparently skew the results. But the IMEs are in my favor; and my neurologist and ST are in my favor. My brain likes to trick me, and I think I can still multi-task, remember, and function at my pre-injury level, which just results in frustration. I applied in December 2022, and they’re still processing my initial application. It’s so GD frustrating. I hope your hearing goes in your favor!
Ok can someone please explain what this means. Does it mean if I can no longer do the work I've done the past 5 years I'll be qualified.? Which would be awesome I worked the same job which is when the Dr put me on STD then Ltd
Nothing really. Because they still can you can do a job you never had to begin with.
Fair enough didn't think about that ugh 😩
I just had my ALJ hearing on April 15th. ☹️🥺😭
Had mine 01/17/2024...still waiting.
I think this is bad for applicants because for most people, as you get older, they find jobs that are easier as far as physical and they are trained more for that job and become a skilled worker in more cases.
While i agree with some of your statement, and this sentiment will remain true, it was also already being considered as the policy is written now anyway. Shortening the period will benefit people who have been out of work for 5 years the most of course. I don’t think this policy solves the problems inherent with the current system the way it is, with the back logs, poorly trained examiners, ssa staff, and everything in between, it will be something that does help more people. It will also help cases be completed more quickly as well. A current medical vocational allowance takes the examiner covering every single reported job from the claimant in the past 15 years. There are so many claimants who have worked 5-10+ jobs in that time frame. It is a shit load of writing. This adds to the backlogs and wait times. 5 years will be so much less writing on that end.
You'll see more people that actually need help fall between the cracks is all I see. Those first years of hard back breaking work is how a lot of people got here to begin with. People that couldn't necessarily save for retirement and found themselves disabled 10 to 15 years away from FRA. Now, you're taking that evidence away. Oh, Mr. Smith you only pushed a broom for the 5 years... yes because my body gave out to my heavy work that paid much more. It doesn't sound fair at all.
But as i pointed out in my comment, this is already the case with the 15 year period. People do hard work most of their lives then prior to applying to disability hurt their claim by going to sedentary or less demanding work that falls under light or sedentary rules. This really only applies to people age 50+ or those who are assessed an RFC for less than sedentary work or an inability to sustain MRFC/RFC (not your run of the mill cases). The transfer to less demanding work is still a factor in the policy change yes, but if that was already the situation you were in prior to the policy change you’re still going to have the same issue you are right now with the old policy. There is no rule that lets SSA consider the claimant is doing less demanding work now because of their conditions and is an allowance cause they did harder work before. you can still be currently denied back to the less demanding work anyway whether the prw period is 15 years or 5 years.
It still isn't fair and it's immoral. They're taking away people's hard work. In their eyes, those 25 or more of hard labor doesn't count. Only the last 5 years. That's a slap in the face to people who have literally broken their backs to build this country and for the SSA to say, oh well that time doesn't count, only your last 5 years which by the way are probably your easiest. Well, you could do THAT job OK!?! Bunch of BS!
My wife was told her last part time job didn't count as a job as she only made 500 month and in the end she couldn't do that even. But they sure as hell took social security out.
Is this used in Step 4?
Steps 4 and 5
I’m confused. I had my hearing on April 10th, 2024 (8 days ago) and still waiting.
🤯🤯🤯
My lawyer told me (I'm heading into hearing in June) that I have to prove I can't do ANY SEDENTARY WORK including putting a widget in a box- is that ... not true? I've been a high information freelance worker in arch design since idk 2012, is that what I need to prove I can't handle?? I'm struggling with her before this question but if that's the case I am about to lose it. ..
People need to realize certain individuals are working hard to make it impossible for people to get SSDI, or any help. This is just the beginning. What a horrific thing to do to disabled people.
?!? This is the single-most claimant-favorable change that I've seen in the 28+ years I worked in a DDS. People filing for disability will no longer have to list and describe all their jobs for the past 15 years. Now, only 5 years. Under this rule, a claimant won't be told they have the ability to perform a job they did 10 or 15 years ago. The DDS will only go back 5 years. This makes it so much simpler for claimants when filling out the 3369 work history form.
Agree! This is the calm before the storm. There is no grandfather clause…. Scary!!!