That may sound strange but let me explain.
The real question is "How much, how often and how regularly an you work?"
You might have days when you can work a full day but on other days you can't work at all. Or, you might be able to work a few hours each day but never a full eight-hour day. If this is the case, we say that you are not able to "sustain full time work." And that meets Social Security's definition of disability.
You may meet the legal definition of disability if......
1) you can work less than an 8-hour day on a regular, sustained basis.
2) you can work most of the time but would be absent more than 1 or 2 days per month due to a medically determinable impairment.
3) you can work for several weeks at a time without missing a day but would then be sick and have to miss a week or two because of a flair up in symptoms.
4) you can work 8 hours per day almost every day but would require frequent rest breaks that would interfere with your work schedule. Most jobs will only permit two 15-minute breaks plus one 30-minute lunch break during the day. If extra breaks are required, it is excessive and may lead to the inability to hold a full-time job.
5) you can work 8 hours per day without excessive absenteeism; however, you have pain or other disorders that would cause you to be off task excessively, and therefore not able to sustain the concentration, persistence and pace of full-time competitive employment.
Don't get me wrong: proving these limitations is very difficult. It isn't enough just to claim to have these restrictions. You will need objective medical evidence to prove the existence and severity of a medical impairment that produces the restrictions. You will probably also need a professional opinion from a treating physician attesting that these limitations are reasonable based on your medical records and treatment.
One of my jobs as a disability advocate is to look at the medical file and find reasonable disabling conditions and work restrictions. Then, I will gather the necessary information and evidence to prove the restrictions.
I think the mistake a lot of claimants make is to go before a judge believing that they can just explain their problems and the judge will agree with them and pay their claim. This is not the way it is done. There are technicalities that must be proven with objective evidence.
Call me if you need help or direction with a disability claim or hearing. It's what I do.
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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PH (256) 799-0297
FORSYTHE FIRM - VISIT OUR WEBSITE HERE
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