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Recent denial based upon outdated PRW

By Gordon Gates on August 29, 2024
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I just signed up a new client who was initially denied disability benefits at step 4 of the sequential evaluation, based upon a job he last performed in 2016.

It is often an issue in a disability claim when a claimant with physical impairments has PRW at the sedentary exertional level, because that work can be hard to rule out.

In this case, however, the PRW is irrelevant because it was performed more than 5 years ago. Social Security adopted a 5-year PRW period back in June. This determination was made more than a month later.

It should be easy to fix at Reconsideration.

Photo of Gordon Gates Gordon Gates

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law…

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.

Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.

Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.

Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants’ Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Social Security Disability Lawyer Blog
  • Organization:
    Law Offices of Gordon Gates
  • Article: View Original Source

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