Posted on: December 8, 2020 Posted by: admin Comments: 0

Welcome back to Stroud Academy where we are currently going through a series on Social Security rulings and what each ruling means to the individual and collective body of Social Security Administration vocational experts. Today’s topic will quickly become near and dear to every single one of your hearts as we get into the topic and concept of past relevant work (PRW).

This ruling covers really getting into the particular job where the occupation is generally performed.  This concept is governed by Social Security Ruling or SSR 82-61.

Just like every other ruling in the SSA series, there is a pertinent history of laws that govern how these rulings are actually put into place.  This oversight and direction is there to make sure that the requirements for a finding of disability for a claimant has the medically determinant of physical or mental impairments.  This determinant is the proof that a claimant cannot do previous work.

In this SSR, we see the ruling dive down into three possible tests for whether or not that claimant has residual capacity to perform his or her past relevant work – those are:

1 – Whether that claimant retains capacity based on a broad generic occupational classification of this job…such as maybe a packaging job. However, this level is likely to not be very supportable because it’s so general. While it has numerous characteristics that are common throughout different roles, each has different demands and duties as well as different abilities and job knowledge that are required throughout.

2 – Whether they retain the capacity to perform functional demands of duties for that job as they actually perform. This means that the evidence has to show that they retain residual functional capacity (or RFC) to perform those duties just as performed before. That evidence will then drive directly into a decision of being found not disabled.

3 –  Where that claimant retains the capacity to perform functional demands and job duties as ordinarily required by employers throughout the national economy. For this you can rely on descriptions that are in the Dictionary of Occupational Titles for those jobs that are listed.  This test really messages to look at defining the job as usually performed in the national economy and a vocational expert will definitely play a huge role in this.  This SSAVE importance is due to that initial research to make sure that any past relevant work in that work history of the claimant is understood and can be properly ruled upon by the administrative law judge. 

The work history itself can actually be governed as seen in a properly completed SSA form 3369. This form will be available for the SSAVE and for the administrative law judge to do research prior to actual testimony.

We’ll see you next time – hope you have a great and safe week!

 

 

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