NOT ALL WORK IS "PAST RELEVANT WORK"

At Step 4 in the Social Security disability determination process, the case adjudicator must consider the claimant's past relevant work.  This is usually defined as all substantial work performed within the past 15 years.  Not all work, however, is past relevant work--even if it was done during the 15 year period.  Here are some examples:
  • Work that was not performed at substantial gainful activity (SGA) level is excluded.  This might include part-time work that did not rise to the "substantial" level test.
  • Work that not performed long enough to learn the job.  For example, if you took a job as an electrician's helper but stopped after a brief period of time without learning the skills of the job, the work is not past relevant work.
  • Work that was subsidized cannot be counted.  Here's an illustration.  Beth has a good friend who works for a social welfare agency.  Beth is referred to a program that trains and assists the unemployed.  This agency finds a job for Beth and helps to pay her salary.  This is subsidized work and does not count as past relevant work.
  • Work that is sheltered or has special accomodations does not count.  For example, Brad gets a job through a government program that provides him with a job coach.  The job coach finds Brad an employer that will make special arrangements for Brad's handicaps, like more breaks than usual, longer rest periods, extra days off for medical treatment, etc.  This work is "sheltered" and does not count as past relevant work.
Why does past relevant work matter?  Because at Step 4, if the claimant is judged able to perform any past relevant work, Social Security must find the claimant not disabled.  Therefore, it is important that the decision maker understands special circumstances that surrounded some past work.  

This is one illustration of how a disability representative or advocate can help you in a Social Security disability hearing or adjudication process.   A good advocate will point out that certain work "doesn't pertain" to the case because it was not "past relevant work."  That can make the difference between winning or losing a case.

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