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Sufficient duration and past relevant work

Question: One of the criteria for determining the relevance of past work is its duration. How does DDS determine what is “sufficient” duration?

Answer: For many years a twelve-month rule of thumb has been employed. It should be emphasized that this is only a guideline and is not to be applied mechanically. To do so would be contrary to SSA’s policy of individual assessment, i.e., evaluating each case on its own merits. A more flexible guideline that can be used in this assessment is the Specific Vocational Preparation (SVP) noted in the DOT for the occupation in question.

SVP  Time
1      Short demonstration only (unskilled)
2      Beyond short demonstration to 1 month (unskilled)
3      Over 1 month to 3 months
4      Over 3 months to 6 months
5      Over 6 months to 1 year
6      Over 1 year to 2 years
7      Over 2 to 4 years
8      Over 4 years to 10 years
9      Over 10 years

Example: Within the relevant period of time, the claimant performed an occupation for nine months. The DOT shows a SVP of 2, meaning that the work can normally be learned to a level of average performance within thirty days. In this case, the work would be considered vocationally relevant because it was performed for a long enough period of time for a reasonable expectation to be made that the claimant successfully learned and performed the work.

The use of the SVP as a guideline makes sense when it is applied in the context of DI 25001.001 B32c. This defines the duration criterion as:

(work) lasted long enough for the person to:

  • learn the techniques,
  • acquire the necessary information, and
  • develop the facilities needed for average performance of the job situation. The length of time this takes depends on the nature and complexity of the work.

This last sentence also allows for a potential finding that work performed for a year is not relevant when the work is unusually complex and has a high SVP. This points out the deficiencies of using a twelve-month guideline without appropriate consideration of other facts of the individual case.

Reference: DI 25001.001 B32; and Selected Characteristics of Occupations Defined in the Dictionary of Occupational Titles ( SCO ), page 473

Posted on Wednesday, October 5, 2005 at 11:41PM by Registered CommenterKeith Holden, MD | CommentsPost a Comment

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