THE DEFINITION OF "WORK"

To get a disability check you must prove that you are not able to work.  What is work, according to the Social Security Administration?

Legally, work is the ability to engage in substantial gainful activity on a regular and continual basis for at least 8 hours per day, 5 days per week, or an equivalent schedule.

So, the ability to work cannot be hit or miss.  It cannot be intermittent:  able to work some days but not others.  In other words, the worker must be available on a regular and consistent basis.

Here are some things that Social Security will consider in determining an individual's ability to perform employment:

1.  Concentration.  Can the claimant focus or concentrate for up to 2 hours at a time and for up to 8 hours per day?  If such things as pain, depression or other psychological stressors prevent such attention, the claimant may be disabled.

2.  Persistence.  Is the claimant able to complete an 8-hour workday with only the normal breaks or rest periods?  Normal breaks are one 30-minute lunch period and two 15-minute breaks (usually one in the morning, one in the afternoon).  If more breaks are required, the persistence requirement may not be met.  Most vocational experts will testify that being off task more than about 10 percent of the time will result in no work being available.  Also, absence of more than about 1 day per month may preclude work.

3.  Pace.  Can the claimant perform the required amount of work in the allotted time?  All jobs require a certain amount of work to be performed each day. Even non-production jobs that don't necessarily require a fast pace have certain expectations.  For instance, a secretary who can't turn out the required work each day due to a medical or psychological problem may fail the pace test.

Things I Look For in a Disability Case

• How much would the claimant be absent from work?
• How many breaks will be needed during an 8-hr. workday?
• Can the claimant work at a normal pace (keep up with work)?
• Are there problems with memory or concentration?
• Is there a problem getting along with or responding appropriately to co-workers, supervisors or the public?
• Is this individual able to adapt to normal workplace stress and work routines?
• Are there postural restrictions (limited ability to sit, stand, bend, reach, kneel, crouch, crawl, use stairs/ramps, handle, feel, grasp, etc.)?
• Are there any environmental restrictions, such as the need to avoid extreme hot or cold temperatures, dust or fumes, avoid heights, stay away from moving, unguarded machinery?

There are many factors that go into the ability to "work" when you consider Social Security's definition of work.  These areas will all be explored during a hearing.  It's a great opportunity for the claimant or representative to point out why the claimant is not able to meet the demands of full-time competitive employment. 

These reasons must be supported by objective medical evidence, of course.  Therefore, full and complete medical records are an absolute necessity.  A careful pre-hearing analysis of those records is also essential.
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Charles W. Forsythe
The Forsythe Firm
7027 Old Madison Pike - Suite 108
CALL US:  (256) 799-0297

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