Definition of Past Relevant Work

NOSSCR is pleased to announce that SSA has proposed to “revise the definition of past relevant work (PRW) by reducing the relevant work period from 15 to 5 years.” This will make a significant difference in step 4 determinations, as well as transferability of skills assessments. NOSSCR has long advocated for this type of commonsense modernization, and we will continue to push SSA to employ more changes to improve the outcomes of your claimants’ cases.

The Proposed Rule can be found here, and comments are being accepted until November 28, 2023.

Definition of Public Assistance Household

SSA also intends to “Expand the Definition of a Public Assistance Household.” This change will make SNAP an additional means-tested public income maintenance program. The agency also proposes to alter the definition of a Public Assistance Household “to include households in which any other (as opposed to every other) member receives public assistance.” The agency anticipates that this will decrease the number of SSI recipients who are charged with in-kind support and maintenance, while also decreasing the amount of income deemed to SSI recipients due to the SNAP benefits of other household members. While NOSSCR continues to advocate for more significant changes to in-kind support and maintenance reductions, we are encouraged by this step forward.

You can read the full text of the Proposed Rule here. Comments close on November 28, 2023.

Evaluation of “Close Proximity of Time”

SSA has submitted a Temporary Final Rule on the “Extension of the Flexibility in Evaluating “Close Proximity of Time” to Evaluate Changes in Healthcare Following the COVID-19 Public Health Emergency.” This rule recognizes that the pandemic-related delays in receiving healthcare have not yet resolved, and thus the agency proposes to continue their alteration in definition of “close proximity of time” to mean twelve months instead of four months when determining whether someone meets the musculoskeletal listings at Step 3.

SSA has also issued an Emergency Message advising on the implementation of this Temporary Final Rule.