Changes to the Information Collection Tools Associated with the Final Rule, Intermediate Improvement to the Disability Adjudication Process, Including How We Consider Past Work (RIN 0960-AI83)

The Social Security Act (Act), sections 42 U.S.C. 423(d)(1)(A) and 1382c(a)(3)(A)-(B), define disability as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment which can be expected to result in death, or which has lasted or can be expected to last for a continuous period of not less than 12 months. The Act in section 42 U.S.C. 1382c(a)(3)(C), also states that, for adults, an individual shall be determined to have a disability only if their physical or mental impairment(s) are 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. SSA uses a five-step sequential evaluation process to determine whether an individual is disabled, as explained under sections 20 CFR 404.1520 and 416.920 of the Code of Federal Regulations (Code). We evaluate at each step in the process to determine if the individual is disabled, and then go to the next step of the sequential evaluation process and continue in this way until we either find the individual disabled or find they do not meet our disability requirements. Under our final rule, Changes to the Intermediate Improvement to the Disability Adjudication Process, Including How We Consider Past Work, we are revising sections 20 CFR 404.1560 and 416.960 of the Code to reduce the relevant work period from the current 15 years to 5 years. In many cases, this revision will reduce the number of jobs in an individual’s work history that we will consider at step four of the sequential evaluation process when we determine whether an individual can perform their PRW. We expect that this change will more accurately reflect how an individual’s acquired skills and knowledge may become less relevant over time after they have stopped performing previous work. In addition, as we largely rely on individuals’ self-reporting for information about past work, and we find that self-reported information is often less accurate and complete with the passage of time. In addition, this change will reduce the information collection burden on individuals by reducing, on average, the number of jobs about which they must provide us with information. We anticipate that requesting work history ending at the 5-year mark will be significantly less burdensome than the current longer work history. We use different forms to collect the work history information necessary for the type and level of adjudication of a claim. Therefore, we anticipate a burden reduction for each of these forms when using a 5-year relevant work period. Under the Final Rule for the Intermediate Improvement to the Disability Adjudication Process, Including How we Consider Past Work, we anticipate reducing the amount of PRW needed for the following information collections: 0960-0300, HA-4633, Claimant's Work Background; 0960-0578, SSA-3369, Work History Report; and 0960-0579, SSA-3368, Disability Report – Adult. We anticipate this will result in a reduction in the overall burden for these information collections. Respondents are applicants for, or recipients of, Social Security disability benefits (SSDI); SSI payments; or their representatives.

The latest form for Changes to the Information Collection Tools Associated with the Final Rule, Intermediate Improvement to the Disability Adjudication Process, Including How We Consider Past Work (RIN 0960-AI83) expires 2027-05-31 and can be found here.

0960-0300 HA-4633 (Paper Form) 404.1560; 416.960

Federal Enterprise Architecture: Income Security - General Retirement and Disability

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