Discussion: View Thread

  • 1.  SSA Proposes changes to Past Relevant Work

    Posted 09-28-2023 10:26

    Good morning everyone:

    SSA is proposing changes to the definition of past relevant work, from 15 years to 5 years. Below is the link and there are directions on how to comment. I encourage everyone to provide comments. Do remember comments are public and will be published. 

    https://www.federalregister.gov/public-inspection/2023-21557/intermediate-improvement-to-the-disability-adjudication-process-including-how-we-consider-past-work



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    Michelle Aliff
    Ph.D, CRC, CVE
    michelle.aliff@gmail.com
    [Keller], TX United States
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  • 2.  RE: SSA Proposes changes to Past Relevant Work

    Posted 09-29-2023 09:27

    Thank you for the alert, and the link to respond, Michelle.

    It is bad enough imo that age is universally applied as an isolating SS factor.   Now- Relevant to whom?  The individual performing the job?  The labor market?  The geographic access where labor is performed?  Who or what gets to be the judge of what is relevant?  I do not do SS work, and never have ascribed to the 15-year cut off in the alternate litigation venues in which I practice, much less in job placement.  Now, a reduction to 5 years?   Seriously, the number of years for ALL occs becomes an even more restringing and isolating factor of "cut-off" for consideration of transferable skills?   This is about as unenlightened and disinformed as it gets.   As a non-medical factor, "years," in a vast number of labor market facets, would become yet another strongly isolating factor in the Determination, which frequently spills over into other court venues- even if its determination is supposed to be eliminated as a collateral source.   

    Like Michelle here, I urge all to respond to this.  Social Security, as any system, indeed does need to be continuously updated; however, with all its issues, SSA's seemingly divorce from reality on this topic would not seem to need prioritizing in making those changes.  My own preference would be to eliminate the 15-year rule with the same arguments as presented here.



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    Bob Paré, MS, CRC, LRC, CDMS, FVE, ABVE/D
    rpare@consultativerehab.com
    Mt. Laurel, NJ. Tel: 609-531-2529
    ------------------------------



  • 3.  RE: SSA Proposes changes to Past Relevant Work

    Posted 09-29-2023 10:07

    Somebody's bright idea? We are using a resource that has been out of development for decades.  It is already difficult to determine if a claimant is actually qualified by training and experience for a technical or skilled occupation.  With a five year history few of the claimants with skilled or technical occupations would show qualification without additional testimony. Then of course, while technical occupations change and develop significantly over 5 years, few unskilled and semi-skilled occupations change so much that qualifications also change, e.g. Cashiers?

     

    I tried to leave a comment on-line.  There is another challenge for us.  What more can I say?

     

    Best regards,

    Jeff Barrett, M.Ed., CAP. CRC, CVE, CCM
    Options Plus

    optionsplusinc.com
    954-929-9694


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  • 4.  RE: SSA Proposes changes to Past Relevant Work

    Posted 09-29-2023 20:49

    Why is SSA motivated to radically increase awards?  Artificially ignoring skills developed in skilled or semi-skilled work performed over five years would not only be illogical to any vocational expert, HR Professional, employer (or even to a lay person), but will only surely increase disability awards. When something sounds crazy it is sometimes crazy like a fox. 



    ------------------------------
    Scott T. Stipe, MA, CRC, CDMS, IPEC, D/ABVE
    Certified Rehabilitation Counselor
    Board Certified Vocational Expert
    Scott Stipe & Associates, Inc.
    DBA Career Directions Northwest
    4110 SE Hawthorne Blvd
    #188
    Portland, Oregon, 97214
    (503)234-4484
    (503)234-4126 fax
    email: sstipe@careerdirectionsnw.com
    website: www.careerdirectionsnw.com
    ------------------------------



  • 5.  RE: SSA Proposes changes to Past Relevant Work

    Posted 09-30-2023 11:55
    I encourage people to respond even if they are not currently providing expert testimony for SSA.  We are able to provide our input utilizing our years of experience and knowledge relative to vocational work.  Some initial thoughts are that we do not discount someone's education even though it is more than five years since completion and potential employers consider someone's work history of more than five years when hiring.  As a taxpayer supporting SSA, I believe we all can provide our input in regard to the proposed changes.

    Thank you Michelle for sharing this information.  

    Lisa

    Lisa H. Anderson, MS, CRC, CVE, CLCP, IPEC, ABVE/D

    Rehabilitation Consultant/Vocational Expert/Life Care Planner

    CaseVantage, Inc.

    Mailing Address:  

           255 Rivertown Shops Drive, Suite 102, PMB 116

           Jacksonville, Florida 32259

    P:  904.476.7413

    F:  855.834.4830

    www.casevantageinc.com 



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  • 6.  RE: SSA Proposes changes to Past Relevant Work

    Posted 09-30-2023 12:13

    Circling back to my original post on this, I am adding that the private sector has not- in most cases- recognized the 15-year rule as a fast and sound criterion for examining one's transferable skills and current day labor market appropriateness.  Imo, any number of years for such across the board is at best capricious.  The proposal for "5 years" may present an opportunity for SSA to examine their entire premise on this point.  

    I am curious as to IARP's sense and ability to make a statement as coming from the Association itself, and/or from the Forensic Section in particular, in addition to some of its members. 

    As noted by Lisa Anderson, at a minimum, we are all taxpayers who will pay for the vast new number of claimants who would benefit from this capricious "rule," rather than on the merit of truly disabling conditions within the labor market.   



    ------------------------------
    Bob Paré, MS, CRC, LRC, CDMS, FVE, ABVE/D
    rpare@consultativerehab.com
    Mt. Laurel, NJ. Tel: 609-531-2529
    ------------------------------



  • 7.  RE: SSA Proposes changes to Past Relevant Work

    Posted 09-30-2023 12:27

    You make excellent points, Bob. I saw your LinkedIn post and you provide persuasive information for the Social Security Administration to consider before enacting such sweeping changes.

     

    I plan to submit my comments to SSA in the next few days. I also encourage our colleagues to provide input in reference to the proposed changes.

     

    Signature Rehabilitation Services, LLC has a new

                address and telephone number.

     

    Maria A. Babinetz, MS, CRC, CDMS, CCM, ABVE / D, IPEC

    Licensed Professional Counselor – PA
    Licensed Rehabilitation Counselor - NJ

    Vocational Rehabilitation Expert

    President-elect, American Board of Vocational Experts

     

    Signature Rehabilitation Services, LLC
    1690 Sumneytown Pike

    Suite 250

    Lansdale, PA  19446

    Office:  (267) 413-8922

    Mobile: (215) 480-4871

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  • 8.  RE: SSA Proposes changes to Past Relevant Work

    Posted 09-30-2023 12:46

    I agree with Bob's recommendation that IARP get formally involved with this.  Perhaps even filing an amicus brief.

     

    Boise Barb

     

    Barbara K. Nelson, M.S.
    IMARC
    P.O. Box 7931
    Boise, ID 83707
    208-331-3368

    barbnelsonimarc1@gmail.com

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  • 9.  RE: SSA Proposes changes to Past Relevant Work

    Posted 09-30-2023 12:52
    HI all:

    So, yes, I think that everyone should comment. I think we all have "skin" in this game, professionally and personally. My suggestion would be in comments to ensure you provide factual basis for why you agree or disagree. I would not just say, hey this is dumb and has no support. Or I agree with this change. Be professional and intentional with your comments. We are the experts in this whole thing after all. 

    While yes, we don't have to follow the hard and fast rules of SSA, they do still impact us in forensics. I practice in SSA as well as Forensics. One of my biggest concerns is the inference drawn between collection cycles and the erosion of skills. The data collection cycles weren't meant to necessarily address the erosion of skills. In fact the data referred to in the proposed changes doesn't even cover skills in the current releases. The announcement discusses ORS without saying ORS. ORS did collect information on tasks and such, however it has yet to be analyzed. The DOT hasn't been updated in nearly 50 years, so there is not current information to be found there to address skills and their decay factor. There is simply a limited to no foundation for the 5 years. 

    I am also unclear as to how SSA believes that this will decrease the initial processing time. I see they say it will save hours, but I am unclear how that will translate into decreased initial decision time. As it stands now, many areas are over 200 days to process an initial decision. Some are around 150 days to process the initial decision. 

    I have other thoughts, but I am certain no one wants to read all that right now! 

    IARP SSVE will be authoring an official statement/public opinion. We may partner with other organizations as well. At this point, it was just released so we don't have the lay of the land of who supports and who does not. We will be in the next week or so gather that information. 

    I do think a public comment from the Forensic section would be awesome. As a note, to be on letter head that will need to work through the Forensic section board. As a humble note, I wouldn't simply tell the Forensic board to write it. I would suggest that perhaps some members volunteer to help with that. I wouldn't want to drop something on another board, because I dislike when that happens to SSVE board. 

    I hope everyone has a most fabulous weekend!

    Michelle Aliff Ph.D, CRC, CVE
    Vocational Consultant
    (503) 516-9863 (phone)
    (817) 796-1478 (fax)


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  • 10.  RE: SSA Proposes changes to Past Relevant Work

    Posted 10-01-2023 14:01

    It is important for us all to remember that SSVE work IS Forensic, and that most everything in VE Forensics IS/traces back to SSVE and CFRs. Anything and everything which comes up at SSA/SSVE or becomes a standard in SSA/SSVE will surely become a standard, or at very least an issue, a question or a challenge in any other venue Forensic case. Why would it not?. Anything the US Government does/expects carries phenomenal cache and weight (particularly when it relates to the world's largest disability program and court system) will logically be a yardstick/barometer of how things will be viewed in other forensic cases. 

    Both Forensic and SSVE ought to make formal statements, but they should be more similar than different.



    ------------------------------
    Scott T. Stipe, MA, CRC, CDMS, IPEC, D/ABVE
    Certified Rehabilitation Counselor
    Board Certified Vocational Expert
    Scott Stipe & Associates, Inc.
    DBA Career Directions Northwest
    4110 SE Hawthorne Blvd
    #188
    Portland, Oregon, 97214
    (503)234-4484
    (503)234-4126 fax
    email: sstipe@careerdirectionsnw.com
    website: www.careerdirectionsnw.com
    ------------------------------