Generally, to be relevant, the claimant’s past work must have been performed within the five years prior to the date of adjudication (the date of the determination or decision at any level of review). However, for some Title II claims, the relevant period may end prior to the date of adjudication. See DI
25001.001A.65 for instructions on how to determine the relevant period for different types of claims.
NOTE: When determining the relevant period for a concurrent Title II or Title II and Title XVI claim, the relevant periods and the step four determinations for each claim may differ if the Title II relevant period ended prior to adjudication.
When determining whether work is within the relevant period, consider the relevant period to begin five years prior to its ending date (e.g., if the relevant period ended 12/20/2024, it began on 12/21/2019).
IMPORTANT: When establishing onset of disability, do not consider the date on which work was no longer relevant.
EXAMPLE: A 60-year-old claimant with a high school education filed a DIB claim alleging onset on 1/1/2020. The claimant performed an SGA-level, unskilled job from 12/1/2013 to 10/30/2018. The physical and mental requirements of this work are within the claimant’s RFC. All of their other work required greater lifting and carrying than their RFC allowed. The date of adjudication is 1/5/2024 and the claimant has a future DLI of 12/31/2025. The claimant has a prior denial dated 7/7/2021 for ability to perform the past relevant work (PRW) they performed 12/1/2013 to 10/30/2018.
Summary of case facts:
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Alleged onset date (AOD): 1/1/2020
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Date Last Insured (DLI): 12/31/2025
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Prior finding: Able to perform PRW performed from 12/1/2013 to 10/30/2018
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Current claim adjudication date: 1/5/2024
Based on an adjudication date of 1/5/2024 and future DLI of 12/31/2025, the relevant period in the current claim is 1/5/2019 to 1/4/2024, the five years prior to the date of adjudication. The job that is within the claimant’s RFC would not be within the relevant period because the work ended 10/30/2018, more than five years prior to the 1/5/2024 date of adjudication. Therefore, the claimant had no PRW within their RFC at the time of adjudication.
The adjudicator proceeded to step five of sequential evaluation. An allowance was appropriate based on the medical-vocational rules. The claimant met the disability requirements as of the claimant’s AOD; however, it was not possible to reopen the prior denial determination of 7/7/2021 because the DDS appropriately denied the claim based on an ability to perform PRW. The adjudicator awarded an established onset date as of 7/8/2021, the day after the prior denial. When we establish onset, we do not consider the date past work was no longer relevant. Therefore, the day after the prior denial date was the correct onset date even though the five-year period following the claimant’s past work ended on 10/29/2023 (after the EOD).
IMPORTANT: If any portion of the period when the claimant performed past work extends into the relevant five-year period, the work is in the relevant period. If it meets the other criteria for PRW, consider it at step four of the sequential evaluation.
EXAMPLE: The claimant worked as a cashier from 1/20/2006 to 12/10/2020. If the DDS adjudicates the case on 1/20/2025 and the claimant has a future DLI, the claimant’s cashier work is within the relevant period because a portion of the period of performance is within the five-year period prior to the 1/20/2025 adjudication date.