The Social Security Administration (SSA) uses a five-step process to determine eligibility for SSI and SSDI. The first step is considering whether the applicant is working and if their work is considered substantial gainful activity. If the answer is no, the evaluation moves on to step two. At this step, the applicant’s “severe” impairments are considered. To be considered a significant impairment, it must significantly impact (physically and/or mentally) one’s ability to work and be expected to result in death or last for a continuous period of 12+ months. If the impairments are considered severe, the evaluation moves on to step three. In this step, it is determined what, if anything, a person can do despite their limitations. In step four, it is determined if the person could perform any past relevant work (PRW). The PRW is again considered at the fifth step when it is considered if the applicant would be able to adjust to different work. 

Previously, past relevant work was considered any substantial gainful activity within the past 15 years that lasted long enough to learn the skills. In April 2024, the SSA announced that it was finalizing a proposed regulation regarding the definition of PRW. Under the new definition, PRW is considered any substantial gainful activity within the past five years. Additionally, work that started and stopped in less than 30 calendar days will not be considered PRW. This new rule went into effect on June 8, 2024. Any decision from that date forward will be based upon the new PRW rule. 

If you are considering applying to social security benefits, contact us for a free case evaluation. 

For more information about this update, please go here.