Past Relevant Work & Disability

For many Social Security disability claimants, the step-by-step process can seem very daunting and confusing. A Tennessee disability lawyer is the perfect advocate and counselor to help applicants navigate the complex and convoluted benefits process. If you are injured and in need of a confident legal representative, contact a Tennessee disability lawyer as soon as possible.

The disability benefits process is comprised of several steps. This article explores Step 4 and Step 5 of the process as they relate to past relevant work. Very generally, the Social Security Administration (SSA) will not award benefits to a claimant capable of performing “past relevant work.” This is a loaded term and each word has a specific statutory meaning.

To begin, “past” refers to any job performed at any time in the last 15 years. The 15-year requirement is calculated either from the present date or in the 15 years prior to your disability-insured status requirement being met – whichever date is earlier. This refers to full- and part-time work.

“Relevant work” refers to a substantial gainful activity that you engaged in long enough to learn how to do it. The SSA is not concerned with the skill level required in your jobs over the past 15 years and will refer to your easiest job to determine whether you can still perform that type of work. Another frustrating obstacle involves the SSA’s determination of how your job was performed before you were injured. It is irrelevant what the amount of exertion you put into the job is and the SSA is only concerned with the requirements of the job as ordinarily performed. Therefore, even if you could not possibly perform your job the way you used to before your injury, you could be denied benefits if the SSA finds that the job as “ordinarily done” is possible given your current condition.

In Step 5 of the process, the SSA will determine whether the applicant can perform other work available in significant numbers given the current economy. In order to determine this step, the SSA factors in the applicant’s age, capacity, education and work experience.

For more information and a thorough explanation of the disability benefits process, contact our offices today. We are a group of Tennessee disability lawyers with a passion and dedication to helping our clients receive the benefits they deserve.