Episode 84: Calloway County social security disability attorney Jeff Roberts explains a recent change to the social security disability look-back period. This refers to the number of years they have to look back over your previous work history to see if you could perform a different job, rather than receiving disability benefits. The change is actually favorable to people who are applying for social security disability.
The Job History Look-Back Period
This period is used by the Social Security Administration with both social security disability insurance (SSDI) claims and in supplemental security income (SSI) claims. The objective is to determine whether you have transferrable skills, based on previous employment experience, that could enable you to seek other jobs, instead of receiving disability benefits. Jeff points out that this is particularly relevant in the case of older applicants.
If you can’t return to the type of work you’ve previously performed, you might have a better chance of qualifying for disability benefits. For instance, assume you have previous experience working a cash register, but later began working in construction. If you then suffer a construction injury and decide to file for SSDI, the Social Security Administration may question if you’d still be able to return to a job working a cash register, as long as that duty was performed during the look-back period.
It’s very important that you complete the job history form as honestly and as completely as possible. You’ll need to discuss your job history with your attorney so he/she has a full understanding of your unique situation.
The previous job history look-back period was 15 years. As of June 2024, that period is now limited to the past 5 years. As Jeff notes, the chance that how a job is performed looking back over 5 years ago is probably fairly similar to how it’s performed today. However, how it was done 13-14 years ago could be significantly different compared to today. You might not have the current skills require to perform that job now.
In Episode 67, Jeff focused specifically on Social Security Disability Form 3369. This is the form used for your job history report.
The Look-Back Period Is for SSDI and SSI Claims
Jeff explains the Social Security Administration offer 2 disability programs. Social Security Disability Insurance (SSDI) applies to people who are disabled after establishing the required number of quarters actively employed. You must meet the insured status requirements.
The Supplemental Security Income (SSI) program is not employment-based, but it is means-tested (i.e. based on income). SSI often applies to people who were born with or developed disabilities, such as blindness, issues related to cognitive ability, diseases and/or other conditions.
The look-back period of 5 years is not as relevant, now, for someone making a claim for SSI disability benefits. It would apply to applicants who have had sporadic work, during the past 5 years.
You can listen to Episode 37, Qualifying for Social Security Disability Benefits, for more information about which of the two programs you may be able to use. In Episode 42, Jeff answered the question, “What is a Continuing Disability Review?” The change to the social security disability look-back period should not have any impact on a continuing disability review, because the person would have to already be receiving benefits, before their situation is reviewed. The episode explains what can trigger a review and what typically happens. The good news is that during a review, the Social Security Administration is now limited to going back 5 years.
Jeff Handles Injuries that May Result in a Disability Claim
For the past 32 years, Jeff has handled various types of personal injury claims including automobile accidents. He has also built a successful reputation for handling workers’ compensation claims. Both of these may ultimately result in a claim for social security disability. Jeff is able to handle every step of this process for each of the claims, which is not as common among attorneys as you might think.
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County and now Christian County, Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
We hope you found this episode insightful and helpful. Thank you for listening!
Is It Time to Speak with an Attorney about Your Social Security Disability Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
