[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48479-48482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12414]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2024-0003]


Social Security Ruling, SSR 24-2p. Titles II and XVI: How We 
Evaluate Past Relevant Work

AGENCY: Social Security Administration.

ACTION: Notice of Social Security Ruling (SSR).

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SUMMARY: We are providing notice of SSR 24-2p. This SSR explains how we 
evaluate past relevant work in establishing disability under titles II 
and XVI of the Social Security Act (Act) and our implementing 
regulations. This ruling rescinds SSR 86-8 and rescinds and replaces 
SSRs 82-61 and 82-62.

DATES: We will apply this notice on June 22, 2024.

FOR FURTHER INFORMATION CONTACT: Mary Quatroche, Social Security 
Administration, Office of Disability Policy, 6401 Security Boulevard, 
Baltimore, MD 21235-6401, (410) 966-4794 or TTY 410-966-5609, for 
information about this notice. For information on eligibility or filing 
for benefits, call our national toll-free number, 1-800-772-1213 or TTY 
1-800-325-0778, or visit our internet site, Social Security Online, at 
https://www.ssa.gov.

SUPPLEMENTARY INFORMATION: Although 5 U.S.C. 552(a)(1) and (a)(2) do 
not require us to publish this SSR, we are publishing it in accordance 
with 20 CFR 402.35(b)(1).
    SSRs represent precedential final opinions, orders, and statements 
of policy and interpretations that we have adopted relating to the 
Federal Old Age, Survivors, and Disability Insurance program, and 
Supplemental Security Income program. We may base SSRs on 
determinations or decisions made in our administrative review process, 
Federal court decisions, decisions of our Commissioner, opinions from 
our Office of the General Counsel, or other interpretations of law and 
regulations.
    Although SSRs do not have the same force and effect as law, they 
are binding on all SSA components in accordance with 20 CFR 
402.35(b)(1).
    This SSR will remain in effect until we publish a notice in the 
Federal Register that rescinds it, or until we publish a new SSR that 
replaces or modifies it.
    The Commissioner of Social Security, Martin O'Malley, having 
reviewed and approved this document, is delegating the authority to 
electronically sign this document to Faye I. Lipsky, who is the primary 
Federal Register Liaison for the Social Security Administration, for 
purposes of publication in the Federal Register.

Faye I. Lipsky,
Federal Register Liaison, Office of Legislation and Congressional 
Affairs, Social Security Administration.

Policy Interpretation Ruling

SSR 24-2p: Titles II and XVI: How We Evaluate Past Relevant Work

    This Social Security Ruling (SSR) rescinds SSR 86-8 and rescinds 
and replaces SSRs 82-61 and 82-62.
    Purpose: The purpose of this SSR is to explain how we determine 
whether an individual retains the residual functional capacity (RFC) to 
perform the demands of their past relevant work (PRW). This SSR 
explains the policy set forth in our regulations so that those 
regulations will be consistently applied.
    Citations (Authority): 42 U.S.C. 416(i), 423(d), and 1382c(a); 20 
CFR 404.1545, 404.1560, 404.1565, 416.945, 416.960, and 416.965.
    Dates: We will apply this SSR on June 22, 2024.\1\
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    \1\ We will use this SSR beginning on its applicable date. We 
will apply this SSR to new applications filed on or after the 
applicable date of the SSR and to claims that are pending on and 
after the applicable date. This means that we will use this SSR on 
and after its applicable date in any case in which we make a 
determination or decision. We expect that Federal courts will review 
our final decisions using the rules that were in effect at the time 
we issued the decisions. If a court reverses our final decision and 
remands a case for further administrative proceedings after the 
applicable date of this SSR, we will apply this SSR to the entire 
period at issue in the decision we make after the court's remand.
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Policy Interpretation

    To be disabled under title II of the Act, or as an adult under 
title XVI of the Act,\2\ a claimant must be unable to engage in any 
substantial gainful activity (SGA) by reason of one or more medically 
determinable physical or mental impairments which can be expected to 
result in death, or which has lasted or can be expected to last for

[[Page 48480]]

a continuous period of at least 12 months.\3\ The Act also states that 
an individual shall be determined to have a disability only if their 
physical or mental impairment(s) is of such severity that they are not 
only unable to do their previous work but cannot, considering their 
age, education, and work experience, engage in any other kind of 
substantial gainful work which exists in the national economy, 
regardless of whether such work exists in the immediate area in which 
they live, or whether a specific job vacancy exists for them, or 
whether they will be hired if they apply for work.\4\ The Act defines 
work which exists in the national economy as work which exists in 
significant numbers either in the region where such individual lives or 
in several regions of the country.\5\
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    \2\ Individuals under age 18 who apply for Supplemental Security 
Income (SSI) under title XVI of the Act are disabled if they are not 
performing SGA and their medically determinable physical or mental 
impairment(s) causes marked and severe functional limitations and 
can be expected to cause death or has lasted or can be expected to 
last for a continuous period of 12 months. See 42 U.S.C. 
1382c(a)(3)(C) and 20 CFR 416.906.
    \3\ See 42 U.S.C. 416(i), 423(d), and 1382c(a). See also 20 CFR 
404.1505, 404.1521, 416.905, and 416.921.
    \4\ 42 U.S.C. 423(d)(2)(A) and 1382c(a)(3)(B).
    \5\ Id.
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Past Relevant Work in the Sequential Evaluation Process

    We use a five-step sequential evaluation process to determine 
whether an individual is disabled.\6\ Past work is a consideration at 
step four of that process.
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    \6\ 20 CFR 404.1520 and 416.920. We use a different sequential 
evaluation process for title XVI SSI claims involving individuals 
under age 18.
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    At step four of the sequential evaluation process, we consider 
whether, given their RFC, the individual can perform any of their PRW 
either as the individual actually performed it or as the work is 
generally performed in the national economy.\7\ If we find that the 
individual can perform any of their PRW, we will find that the 
individual is not disabled. If the individual cannot perform any of 
their PRW, we go to the fifth step of the sequential evaluation 
process.\8\
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    \7\ 20 CFR 404.1520(a)(4)(iv), 404.1520(f), 404.1560(b)(2), 
416.920(a)(4)(iv), 416.920(f), and 416.960(b)(2).
    \8\ We may use the expedited process described in 20 CFR 
404.1520(h) and 416.920(h) to consider step five before step four, 
when applicable.
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    Once an individual is found disabled and receives benefits, we may 
periodically conduct a continuing disability review (CDR) to determine 
whether the individual continues to be disabled.\9\ Although the CDR 
rules use a different sequential evaluation process, the final two 
steps of the process used for CDRs (steps seven and eight in title II 
cases and steps six and seven in adult title XVI cases) mirror the 
final two steps used in the sequential evaluation process for initial 
claims (steps four and five).\10\
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    \9\ 20 CFR 404.1520(a)(5), 404.1589, 404.1594, 416.920(a)(5), 
416.989, and 416.994.
    \10\ 20 CFR 404.1594(f)(7)-(8) and 416.994(b)(5)(vi)-(vii).
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List of Questions and Answers--

    The following information is in a question-and-answer format that 
provides guidance on how we determine whether an individual retains the 
RFC to perform the demands of their PRW.

Questions

    1. How do we define PRW?
    2. How do we determine whether an individual's past work was done 
within the past 5 years?
    3. How do we determine whether an individual's past work started 
and stopped in fewer than 30 calendar days?
    4. How do we determine whether an individual performed work long 
enough to learn to do it?
    5. How do we determine whether an individual can perform PRW?
    6. How do we determine whether an individual can perform their PRW 
as they actually performed it?
    7. How do we determine whether an individual can perform their PRW 
as it is generally performed in the national economy?
    8. How do we obtain evidence concerning an individual's work 
history?
    9. What information do we require when determining whether work is 
PRW that an individual can perform?
    10. What findings and rationale must our determination or decision 
include when we find an individual is able to perform PRW?

Answers

    1. How do we define PRW?
    PRW is work that an individual has done within the past 5 years, 
that was SGA,\11\ and that lasted long enough for the individual to 
learn to do it. Work that the individual started and stopped in fewer 
than 30 calendar days is not PRW.\12\
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    \11\ The criteria for determining whether an individual has done 
SGA are set forth in our regulations at 20 CFR 404.1571-404.1575 and 
416.971-416.975.
    \12\ 20 CFR 404.1560(b)(1)(i)-(ii) and 416.960(b)(1)(i)-(ii).
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    2. How do we determine whether an individual's past work was done 
within the past 5 years?
    The relevant period for PRW is generally measured from the date of 
our determination or decision on a claim. In some situations, the 
relevant period is measured from an earlier date.\13\ The table below 
provides guidelines for common scenarios.
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    \13\ See SSR 18-1p: Titles II and XVI: Determining the 
Established Onset Date (EOD) in Disability Claims, which identifies 
the most common types of disability claims and some of the 
regulations that explain the non-medical requirements for those 
types of claims. See also POMS DI 25001.001 Medical and Vocational 
Quick Reference Guide, available at: https://secure.ssa.gov/apps10/poms.nsf/lnx/0425001001.

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                                               Relevant period--  5-year
                Type of claim                        period ends on
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Title II Disability Insurance Benefits (DIB)-- The date of adjudication.
 Date Last Insured (DLI) in the future.
Title II DIB--DLI in the past................  The DLI.
Title II Widow or Widower, or Surviving        The date of adjudication.
 Divorced Spouse (DWB)--Prescribed Period not
 expired.
Title II DWB--Prescribed Period expired......  The last day of the
                                                Prescribed Period.
Title II--Full Retirement Age (FRA) in the     The day before attainment
 past.                                          of FRA.
Title II Childhood Disability Beneficiaries    The date of adjudication.
 (CDB)--Initial claim filed before age 22.
Title II CDB--Initial claim filed after age    The day before attainment
 22, no relevant work after age 22.             of age 22.
Title II CDB--Reentitlement Claim, 7-year      The last day of the
 period applies and ended in the past.          reentitlement period.
Title II CDB--Reentitlement Claim, 7-year      The date of adjudication.
 period applies and has not yet ended, or 7-
 year period does not apply.
Title XVI Adult..............................  The date of adjudication.
Title II or Title XVI Continuing Disability    The date of CDR
 Review (CDR).                                  adjudication.
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[[Page 48481]]

    3. How do we determine whether an individual's past work started 
and stopped in fewer than 30 calendar days?
    We will not consider work to be PRW if an individual started and 
stopped it in fewer than 30 calendar days. We consider 30 calendar days 
to be a period of 30 consecutive days, including weekends, starting 
from the first day of work. We generally do not consider the total 
number of hours or days worked during that period, or whether the work 
was full-time or part-time. The 30 calendar days requirement is 
separate from the consideration of SGA or whether an individual worked 
long enough to learn how to do the work, although the 30 calendar days 
may count toward the time needed for an individual to learn to do the 
work. If an individual was self-employed or an independent contractor, 
we will consider whether the individual was engaged in the same type of 
work for 30 calendar days, even if individual work assignments or 
contracts each lasted fewer than 30 calendar days.\14\
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    \14\ This would apply to ``gig economy'' type jobs as well, 
provided they meet the other requirements. For example, an 
individual completed 20 different shopping trips for a grocery 
delivery service but did so over a period of 30 calendar days or 
more. We would still require the individual to report that work 
experience as a single delivery job, because the individual did the 
same job for at least 30 calendar days. This is true even though 
each individual shopping trip started and stopped within a period of 
fewer than 30 calendar days.
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    Example 1: On March 1, 2023, an individual began working a job that 
requires only a brief demonstration to learn. The individual's last day 
of work was March 30, 2023. The individual worked at the job for 30 
calendar days because they started work on March 1, 2023, and their 
last day of work was on March 30, 2023. In this situation, the job 
would qualify as PRW if it was performed at the SGA level and during 
the 5-year relevant work period.
    Example 2: On February 1, 2023, an individual began working a job 
that requires only a brief demonstration to learn. The individual's 
last day of work was February 28, 2023. Although the individual held 
the job long enough to learn to do it, the work started and stopped in 
fewer than 30 calendar days. In this situation, the job would not 
qualify as PRW, even if it was performed at the SGA level and during 
the 5-year relevant work period.
    4. How do we determine whether an individual performed work long 
enough to learn to do it?
    Long enough to learn means that the individual gained sufficient 
job experience to learn the techniques, acquire information, and 
develop the facility needed for average performance in the job. The 
length of time this would take depends on the nature and complexity of 
the work, which may be expressed as specific vocational preparation 
(SVP).
    5. How do we determine whether an individual can perform PRW?
    We determine whether an individual can perform their PRW by 
considering whether the individual retains the RFC to meet the 
functional demands of any of their PRW as they actually performed it or 
as it is generally performed in the national economy.
    6. How do we determine whether an individual can perform their PRW 
as they actually performed it?
    When we determine whether an individual can perform their PRW as 
they actually performed it, we consider whether the individual retains 
the RFC to perform the particular functional demands peculiar to the 
work the individual did.
    For information about the evidence we use to determine how an 
individual actually performed a job, see the guidance below at Question 
9, What information do we require when determining whether work is PRW 
that an individual can perform?
    7. How do we determine whether an individual can perform their PRW 
as it is generally performed in the national economy?
    When we determine whether an individual can perform their PRW as it 
is generally performed in the national economy, we consider whether the 
individual retains the capacity to perform the occupation's functional 
demands as ordinarily required throughout the national economy.
    We may rely on descriptions of occupations from reliable sources of 
job information to determine how occupations are generally performed. A 
vocational specialist or vocational expert may also provide information 
about how an occupation is generally performed in the national economy.
    As actually performed, an individual's job may have involved 
functional demands that are different from those generally required for 
the occupation throughout the national economy. If the individual 
cannot meet the functional demands actually required in the former job 
but can meet the functional demands as generally required throughout 
the economy, we will find the individual able to perform PRW and not 
disabled.
    8. How do we obtain evidence concerning an individual's work 
history?
    An individual is the primary source for information concerning 
their work history, but we consider all available evidence and 
information. Statements by the individual about their past work are 
generally sufficient for determining the skill level and physical and 
mental demands of such work. If the individual cannot give us all the 
information we need, we may try, with the individual's permission, to 
get it from their employer or another person who knows about the 
individual's work, such as a family member or a co-worker.\15\
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    \15\ See 20 CFR 404.1565(b) and 416.965(b).
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    We will ask the individual to tell us about all of the work they 
did in the last 5 years (unless the job started and stopped in fewer 
than 30 calendar days). The individual must tell us the dates they 
worked, the duties they performed, and any tools, machinery, and 
equipment they used. We will need to know the amount of walking, 
standing, sitting, lifting, and carrying the individual did during the 
workday, as well as any other physical or mental demands of their work.
    9. What information do we require when determining whether work is 
PRW that an individual can perform?
    To determine whether an individual can perform PRW, we need 
information about the physical and mental demands of PRW, particularly 
as relevant to the individual's RFC. This may include detailed 
information about strength, manipulative ability, mental demands, and 
other job requirements. Other information, such as information 
concerning dates work was performed, tools and machines used, the 
extent of supervision required, and a description of tasks and 
responsibilities, may be needed to determine whether the work is PRW 
that the individual can perform. If more than one job was performed 
during the 5-year period, we will request separate descriptions of each 
job the individual performed during the relevant period.
    Determination of the individual's ability to do PRW requires 
careful consideration of:
     the individual's statements as to which past work 
requirements can no longer be met and the reason(s) for their inability 
to meet those requirements;
     the individual's RFC; \16\ and
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    \16\ 20 CFR 404.1545 and 416.945 and SSR 96-8p Policy 
Interpretation Ruling Titles II and XVI: Assessing Residual 
Functional Capacity in Initial Claims.
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     in some cases, supplementary or corroborative information 
from other sources on the requirements of the work as actually 
performed by the individual or as generally performed in the economy.
    10. What findings and rationale must our determination or decision 
include

[[Page 48482]]

when we find that an individual is able to perform PRW?
    A determination or decision that an individual is not disabled, 
based on their ability to perform at least one job or occupation that 
is PRW at step four of the sequential evaluation process, must contain 
adequate rationale and findings.
    In finding that an individual has the capacity to perform PRW, the 
determination or decision must:
     establish the individual's RFC;
     identify the PRW the individual can do;
     consider the physical and mental demands of the PRW either 
as the individual actually performed the job or as the occupation is 
generally performed in the national economy; and
     find that the individual's RFC establishes capacity to 
perform the PRW either as the individual actually performed the job or 
as the occupation is generally performed in the national economy.

[FR Doc. 2024-12414 Filed 6-5-24; 8:45 am]
BILLING CODE 4191-02-P