WHAT DOES IT MEAN TO "SUSTAIN" WORK

Social Security regulations use a very important word that often goes overlooked by the layman seeking disability benefits.  That important word is "SUSTAIN."


If the claimant cannot "sustain" full-time work, he or she is disabled under the regulations.

To "sustain" work means you have the ability to work 8 hours per day, 5 days per week, 52 weeks per year. If you are able to work sometimes but sometimes you can't, you cannot sustain full-time work.

What are some things that may suggest that an individual cannot "sustain" full-time work?

(1)  Excessive absences due to a medical condition.  Employers normally tolerate one day of absence per month.  If you would consistently miss 2 or 3 or more days per month, you are not able to sustain full-time work.  Example:  You can work for several days but then must be absent a few days due to an exacerbation of your symptoms.

(2)  Inability to concentrate.  Being "off task" more than about 10 percent of a workday generally is considered excessive.  This inattention must be due to a medically determinable medical impairment, such as pain, depression, anxiety, panic disorder, or some other medically determinable impairment.

(3)  Need for frequent rest breaks.  Most jobs come with a half-hour lunch break and two 15-minute rest breaks during the day.  If you require more breaks because of a medical impairment, you may not be able to "sustain" full-time work.

(4)  Extra time to complete work tasks.  Every job expects a certain pace--that is, a certain amount of work must be done in a certain time frame.  The inability to maintain pace (keep up) may demonstrate an inability to sustain work.

(5) Psychological Limitations.  These limitations can include things such as.....

• inability to understand and remember simple or complex instructions
• inability to get along with supervisors, co-workers or in some cases, the general public
• inability to complete simple tasks

These are only a few examples of limitations that may prove that you cannot "sustain" work. 

It isn't enough for you to allege these limitations or restrictions.  They must be based on solid medical evidence from a licensed medical doctor (MD, DO) or licensed psychologist (Phy.D or Ph.D.). 

It's important for the claimant to know that it doesn't matter how you feel about your conditions or limitations.  What's important is showing objective medical evidence to support your claims.  As a colleague of mine explains: "It's not what you or I say, it's what your doctor says."


I walk into a hearing and tell the judge, "Your Honor, my client is disabled because he can only sit for 20 minutes, stand for 10 minutes and walk for 5 minutes.  He has trouble concentrating and following directions.  He would be absent 4 or 5 days per month because of his arthritis pain and migraine headaches."  The judge will look at me and say, "Mr. Forsythe, can you show me where that is supported in the medical record?"  If it isn't there, I should have saved my breath.

So, your case wins or loses on what your doctor says.  Medical documentation is so very important in winning a Social Security disability case.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PH (256) 799-0297
"Across from Bridge Street"

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