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

Effective Date: June 22, 2024 Federal Register Vol. 89,

No. 110, page 48479

Policy Interpretation Ruling

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]

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 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]

Past Relevant Work in the Sequential Evaluation Process

e 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]

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. 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]

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]

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—

- How do we define PRW?

- How do we determine whether an individual's past work was done within the past 5 years?

- How do we determine whether an individual's past work started and stopped in fewer than 30 calendar days?

ormation 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—

- How do we define PRW?

- How do we determine whether an individual's past work was done within the past 5 years?

- How do we determine whether an individual's past work started and stopped in fewer than 30 calendar days?

- How do we determine whether an individual performed work long enough to learn to do it?

- How do we determine whether an individual can perform PRW?

- How do we determine whether an individual can perform their PRW as they actually performed it?

- How do we determine whether an individual can perform their PRW as it is generally performed in the national economy?

- How do we obtain evidence concerning an individual's work history?

- What information do we require when determining whether work is PRW that an individual can perform?

- What findings and rationale must our determination or decision include when we find an individual is able to perform PRW?

How do we define PRW?

How do we determine whether an individual's past work was done within the past 5 years?

How do we determine whether an individual's past work started and stopped in fewer than 30 calendar days?

How do we determine whether an individual performed work long enough to learn to do it?

How do we determine whether an individual can perform PRW?

How do we determine whether an individual can perform their PRW as they actually performed it?

How do we determine whether an individual can perform their PRW as it is generally performed in the national economy?

How do we obtain evidence concerning an individual's work history?

What information do we require when determining whether work is PRW that an individual can perform?

What findings and rationale must our determination or decision include when we find an individual is able to perform PRW?

determine whether an individual can perform their PRW as it is generally performed in the national economy?

How do we obtain evidence concerning an individual's work history?

What information do we require when determining whether work is PRW that an individual can perform?

What findings and rationale must our determination or decision include when we find an individual is able to perform PRW?

- 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] 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. Type of Claim Relevant Period— 5-year period ends on Title II Disability Insurance Benefits (DIB) — Date Last

Insured (DLI) in the future The date of adjudication Title II DIB — DLI in the past The DLI Title II Widow or Widower, or Surviving Divorced Spouse

(DWB) — Prescribed Period not expired The date of adjudication Title II DWB — Prescribed Period expired The last day of the Prescribed Period Title II — Full Retirement Age (FRA) in the past The day before attainment of FRA Title II Childhood Disability Beneficiaries (CDB) — Initial

claim filed before age 22 The date of adjudication Title II CDB — Initial claim filed after age 22, no

relevant work after age 22 The day before attainment of age 22 Title II CDB — Reentitlement Claim, 7-year period applies

and ended in the past The last day of the reentitlement period Title II CDB — Reentitlement Claim, 7-year period applies

and has not yet ended, or 7-year period does not apply The date of adjudication Title XVI Adult The date of adjudication Title II or Title

er age 22, no

relevant work after age 22 The day before attainment of age 22 Title II CDB — Reentitlement Claim, 7-year period applies

and ended in the past The last day of the reentitlement period Title II CDB — Reentitlement Claim, 7-year period applies

and has not yet ended, or 7-year period does not apply The date of adjudication Title XVI Adult The date of adjudication Title II or Title XVI Continuing Disability Review (CDR) The date of CDR adjudication 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] 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

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. 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). 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. 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

formed it or as it is generally performed in the

national economy. 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? 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. 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

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. 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] 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. 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

is 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 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. What findings and rationale must our determination or

decision include 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.

How do we define PRW?

onsider 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.

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]

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.

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]

n 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]

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.

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).

How do we determine whether an individual can perform PRW?

o 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).

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.

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?

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.

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.

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]

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.

s (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.

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

- 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.

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

RFC; [16] and

- 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.

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

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.

What findings and rationale must our determination or

decision include 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

establish the individual's RFC;

identify the PRW the individual can do;

consider the physical and mental demands of the PRW

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.

individual can do;

- consider the physical and mental demands of the PRW

establish the individual's RFC;

identify the PRW the individual can do;

consider the physical and mental demands of the PRW

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.

[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.

[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.

[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.

[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) .

, 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.

[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.

[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.

[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) .

[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) .

[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 .

[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.

[15] See 20 CFR 404.1565(b) and 416.965(b) .

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.

[15] See 20 CFR 404.1565(b) and 416.965(b) .

[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.