Transcript PAST RELEVANT WORK: SSD/SSI Claims Presenter: Mike Miskowiec, Esquire www.miskowieclawoffice.com THE SEQUENTIAL EVALUATION PROCESS 20 C.F.R § 404.1520; 416.920      (i) At the first step,

PAST RELEVANT WORK:
SSD/SSI Claims
Presenter: Mike Miskowiec, Esquire
www.miskowieclawoffice.com
THE SEQUENTIAL EVALUATION PROCESS
20 C.F.R § 404.1520; 416.920
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(i) At the first step, we consider your work activity, if any. If you are doing substantial gainful
activity, we will find that you are not disabled.
(ii) At the second step, we consider the medical severity of your impairment(s). If you do not
have a severe medically determinable physical or mental impairment that meets the duration
requirement in § 404.1509, or a combination of impairments that is severe and meets the
duration requirement, we will find that you are not disabled.
(iii) At the third step, we also consider the medical severity of your impairment(s). If you have
an impairment(s) that meets or equals one of our listings in appendix 1 of this subpart and
meets the duration requirement, we will find that you are disabled.
(iv) At the fourth step, we consider our assessment of your
residual functional capacity and your past relevant work. If
you can still do your past relevant work, we will find that
you are not disabled.
(v) At the fifth and last step, we consider our assessment of your residual functional capacity
and your age, education, and work experience to see if you can make an adjustment to other
work. If you can make an adjustment to other work, we will find that you are not disabled. If
you cannot make an adjustment to other work, we will find that you are disabled.
The Problem of the Obsolete Job:
Inability to
Perform Past
Relevant
Work Must
be Due to a
Severe
Impairment
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Pass v. Chater, 65 F.3d 1200 (4th Cir. 1995) proof that claimant’s
former job as a gate guard no longer exists does not preclude a finding
that claimant can still perform his past relevant work; proof that claimant
cannot perform job as a gate guard as it is performed in the national
economy does not preclude finding that he can still perform his past
relevant work if he can still perform his past relevant work as he
performed it.
Garcia v. Secretary, 46 F.3d 552 (6th Cir. 1995) Commissioner need not
show that past relevant work exists in significant numbers in the national
economy to deny a claim based on claimant’s continued ability to
perform past relevant work.
Barnhart v. Thomas, 540 U.S. 20, 124 S.Ct. 376, 157 L.Ed.2d 333
(2003), if claimant can still physically and mentally perform past
relevant work, not disabled. Commissioner need not consider whether
past relevant work exists in significant numbers in the national economy.
What’s my line?
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Deloatche v. Heckler, 715 F.2d 148 (4th Cir. 1983) Administrative
Law Judge must consider the claimant’s testimony concerning the
exertional and nonexertional demands of her job. While description
of job in Dictionary of Occupational Titles presumptively apply to
claimant’s job, “[t]he claimant may overcome the presumption that
the Secretary's generalization applies by demonstrating that her
duties were not those envisaged by the framers of the Secretary's
category.
Smith v. Heckler, 782 F.2d 1176 (4th Cir. 1986) Administrative Law
Judge must give reasons for rejecting claimant’s testimony that shows
that demands of his job are not same as that described in Dictionary
of Occupational Titles.
http://ssa.gov/OP_Home/rulings/di/02/SSR82-62-di-02.html
Social Security Ruling 82-62
What is Past Relevant Work?
SGA
 The adjudicative criteria for determining whether a person has done "substantial"
and "gainful" work activity are explained in sections 404.1571-404.1575 and
416.971-416.975 of the regulations. See Boyes v. Secretary, 46 F.3d 510 (6th Cir.
1994).
Duration
 Duration refers to the length of time during which the person gained job experience.
It should have been sufficient for the worker to have learned the techniques,
acquired information, and developed the facility needed for average performance
in the job situation. The length of time this would take depends on the nature and
complexity of the work.
Recency
 Recency refers to the time which has elapsed since the work was performed. A
gradual change occurs in most jobs in our national economy so that after 15 years it
is no long realistic to expect that skills (or proficiencies) and abilities acquired in
these jobs continue to apply. The 15-year guide is intended to insure that remote
work experience which could not reasonably be expected to be of current
relevance is not applied.
DEVELOPING THAT PAST WORK WAS NOT
“SUBSTANTIAL GAINFUL ACTIVITY”
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Detailed Earnings Report
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Work History Report (SSA-3369)
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Comprehensive interview with client
FINDINGS REQUIRED TO DENY A CLAIM BASED ON ABILITY TO
PERFORM PAST RELEVANT WORK
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A finding of fact as to the individual's RFC.
A finding of fact as to the physical and mental
demands of the past job/occupation.
A finding of fact that the individual's RFC would
permit a return to his or her past job or occupation