On June 22, 2024, the much anticipated change of the definition of Past Relevant Work (PRW) from 15 years to 5 years took effect. Because of this change, SSA has issued many rule and policy changes. We have gathered the most relevant changes for you here and will continue to provide analysis on the impact of these changes as the landscape begins to take shape.

The change has been codified and SSA has issued companion SSRs as follows:

• 20 C.F.R. § 404.1560 – When we will consider your vocational background
• SSR 24-1p – Titles II and XVI: How We Apply the Medical-Vocational Profiles
• SSR 24-2p – Titles II and XVI: How We Evaluate Past Relevant Work

SSA has also updated the relevant POMs to reflect the change from 15 to 5 years:

• DI 28030 TN 47 – General Development of CDR Cases
• DI 11005 TN 110 – Disability Interviews
• DI 11005 TN 109 – Disability Interviews
• DI 11005 TN 111 – Disability Interviews
• DI 11005 TN 112 – Disability Interviews
• DI 25015 TN 29 – Ability to Perform Other Work
• DI 22515 TN 12 – Vocational Evidence
• DI 25003 TN 11 – Vocational Specialists
• DI 22515 TN 11 – Vocational Evidence
• DI 25001 TN 18 – Medical-Vocational Quick Reference Guide
• DI 25005 TN 17 – Capacity to Do Past Relevant Work
• DI 25010 TN 1 – Medical-Vocational Profiles Showing an Inability to Adjust to Other Work
• DI 25015 TN 28 – Ability to Perform Other Work
• DI 25501 TN 54 – Onset

The claimant work history report form has been updated:

• SSA-3369-BK – Work History Report

Finally, SSA has issued an EM regarding the impact of the rule change and Res Judicata:

• EM-24028 – Intermediate Improvement to the Disability Adjudication Process: Including How We Consider Past Work Regulation and Res Judicata Policy Application
  • As we noted previously, this EM will impact cases where you received a final determination prior to June 22, 2024, and the application of the new definition of PRW would have resulted in a favorable determination. In these cases, you may want consider filing a new application instead of pursuing additional appeals (or abandoning the case).
  • In the new filing, if appropriate, you could pursue an alleged onset date that predates the prior denial without the restriction of res judicata. This will be of particular importance to folks who may have received a Title II final denial after the expiration of their DLI, who may now have a renewed possibility of a claim for eligibility pre-DLI.
  • Of important note, we do not yet have instructions for how the Appeals Council will handle claims on their docket where application of the new PRW rules would have resulted in a different decision. We await those instructions and will update you as soon as anything changes.