Social Security uses a Five-Step sequential process to determine if a claimant is disabled. In this Five-Step Process, Social Security asks these questions.
Step One-is the claimant engaging in “Substantial Gainful Activity”? Step Two-does the claimant have a “severe impairment?” Step Three-does the claimant meet or equal a “listing?” Step Four-can the claimant perform their “Past Relevant Work?” Step Five- are there other jobs the claimant can perform when considering their age, education and past work.
In June 2024, Social Security changed their definition of “Past Relevant Work” at Step Four. For years, Social Security asked if the claimant could perform any of their jobs performed in the last 15 years. Now, Social Security only looks to see if the claimant can perform any of their jobs done in the last 5 years. This change at Step Four reflects that the fact that the requirements of jobs now change very quickly and that a worker might not be able to perform a job that he or she did 10 to 15 years ago. This change at Step Four will help numerous claimants 50 and older by making it more difficult for their applications to be denied at Step Four.
You can read about these changes at Step Four at https://federalregister.gov/d/2024-08150.
If you need help with your disability claim, please call us at Wilkinson and Magruder, LLP at 706-737-0071.
www.augustadisability.net