Past relevant work refers to any substantial gainful activity that an individual has engaged in during the last fifteen years. This work must have lasted long enough for the individual to learn the basic functions of the job. Understanding this concept is crucial for various legal contexts, particularly in disability claims and employment law.
This term is primarily used in the context of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims. It helps determine if a person can still perform work based on their past job experiences. Legal professionals often refer to this term when evaluating eligibility for benefits, and individuals can manage some aspects of this process using legal forms provided by platforms like US Legal Forms.
Here are a couple of examples of abatement:
(hypothetical example) A person who worked as a software developer for ten years and then became unable to work due to a medical condition may have their past relevant work evaluated to determine if they can still perform similar tasks or if they qualify for disability benefits.
(hypothetical example) An individual who was employed as a cashier for five years before a serious injury may have their past relevant work assessed to see if they can return to that role or if they are eligible for assistance.
Examples of state differences (not exhaustive):
| State | Considerations |
|---|---|
| California | Has specific guidelines for evaluating past relevant work in disability claims. |
| New York | May have additional requirements for documenting past work experience. |
| Texas | Focuses on the ability to perform past relevant work despite medical conditions. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Substantial Gainful Activity | Refers to work that earns above a certain threshold, impacting disability eligibility. |
| Current Relevant Work | Refers to work that an individual is currently capable of performing, as opposed to past work. |
If you believe your past relevant work may affect your eligibility for benefits, consider the following steps:
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Substantial gainful activity refers to work that earns above a specific income threshold set by the Social Security Administration.