From a notice that Social Security has scheduled for publication in the Federal Register:
We propose to revise the time period that we consider when determining whether an individual’s past work is relevant for purposes of making disability determinations and decisions. Specifically, we would revise the definition of past relevant work (PRW) by reducing the relevant work period from 15 to 5 years. This change would allow individuals to focus on the most current and relevant information about their past work, better reflect the current evidence base on changes over time in worker skill decay and job responsibilities, reduce processing time and improve customer service, and reduce burden on individuals.
This is overdue by about 40 years but better late than never. It never made sense to tell disability claimants that they are not disabled because they can return to jobs they last held 12 years ago. Work skills just don't stick with people that long.
Huh. Pgs. 10-11 discuss a "lifetime commitment" profile, and asserts the proposal won't affect that profile under the rule changes. As far as I am aware, that is not a current profile.
ReplyDeleteAlso: "If we adopt the proposed rule as a final rule, we will begin to use it in all claims awaiting a final determination or decision as of the effective date of the final rules."
So it would apply to current claims. Cool.
11:42 here. Huh. Apparently the "lifetime commitment" profile DOES currently exist...just only in POMS? There is no corresponding regulation. Even SSR 82-63 doesn't cover it. Weird.
ReplyDelete11:42, Lifetime Commitment is one of the special vocational profiles described in https://secure.ssa.gov/poms.nsf/lnx/0425010001 A lot of people don't know about it, and relatively few people qualify for it, but it exists.
ReplyDeleteA recent NASI report made recommendations on the profiles: https://www.nasi.org/wp-content/uploads/2023/09/OlderWorkersTaskForce-Report-FINAL.pdf#page=68
What the significance of the word "intermediate" in the title of the NPRM? I wonder if this is some sort of precursor to a change in the grids.
ReplyDeleteWow this will greatly increase the allowance rate. That’s actually great, but I wonder how Congress will react when a 2-3 year period of high unemployment means ALJs start paying everyone over 50.
ReplyDelete