From Emergency Message EM-24028:
... We will not apply res judicata to bar readjudication of a previously adjudicated period when the prior final determination or decision finding the claimant not disabled is dated prior to June 22, 2024, if the prior adverse determination or decision found the individual could do:
1. PRW [Past Relevant Work] at step four of the sequential evaluation process (SEP) and the PRW cited is not PRW under the PRW rule; OR
2. Other work at step five of the SEP, work experience was material to the decision, and the individual’s work experience is different under the PRW rule.
When these criteria are met, we will not apply res judicata to deny a subsequent claim or dismiss a request for hearing on that claim. ...
OK, now what about cases pending at the Appeals Council or federal court where there were denials based upon ability to perform other "jobs" that are now considered off limits because they don't really exist any more?
2 comments:
This is a step in the right direction, and it will help in some of my cases. I've had clients go from an easy job, on the face of it, to a physically more difficult one that paid better and was less stressful. Now if that was a few years back, I won't have to worry about it.
I think that Supreme Court held in Barnhart V Thomas that you can still deny the case at step 4 even if the job no longer exist.
Post a Comment