SOCIAL SECURITY'S DEFINITION OF "WORK"

Social Security will only pay a disability benefit if you prove you are unable to work.  But what is the definition of work?

In other words, how much work must you be able to do before you are disqualified for a disability benefit?  Most people can do some work.  Maybe you can clean your house once a week, mow your grass and even do a little part-time work once in a while.  Do these things disqualify you?

The answer is no.  Social Security's definition of work under the regulations is the ability to perform substantial gainful activity by working 8 hours per day, 5 days per week, or an equivalent schedule.  So, it's the ability to do full-time work on a "regular and continual basis" that is in question.  The ability to work part-time (earning less than $1,180 per month)--or the ability to work full time occasionally--does not mean that you aren't disabled.

We have to look at your medical conditions and how they interfere with your ability to work activities to judge whether you have a strong case.  The following scenarios are examples of persons who may be found disabled:

* Mary has episodes of severe migraine headaches that require her to go to bed and take medication.  The headaches only occur 4 or 5 times per month but generally last all day.  She would be off work at least 4 days per month due to this medically documented condition.  Mary is not able to work on a regular and continual basis and would be absent too much to hold a full-time job.  She certainly could be found disabled on the basis of chronic, severe migraines.

*Jeff has severe uncontrolled diabetes and other endocrine conditions that cause severe, chronic fatigue.  He has enough energy in the morning to start a job and work a few hours.  However, he needs an extended rest period around noon where he can lie down for an hour to an hour-and-a-half.  Often, he is so fatigued after working 4 or 5 hours that he just can't continue.  Jeff may be found disabled because he cannot persist for 8 hours per day on a regular basis.  Of course, the medical records must thoroughly document the uncontrolled diabetes and accompanying fatigue.

A Social Security lawyer or advocate can review your medical records and tell whether a case can be crafted which meets federal regulations for disability.  It isn't enough to say, "I know I can't work a full-time job, therefore, I am disabled."  It depends on whether the medical records will prove this.  Social Security hearings are like any other court proceeding.  It's not what you say, it's what you can prove.

Call the Forsythe Firm for a free evaluation of your case.  If we agree to represent you, we ask for no money up front.  If your claim is successful and you collect back pay, Social Security will withhold and pay the fee we have agreed upon.  If you are not successful, you will owe us nothing.
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The Forsythe Firm
"The Social Security People"
7027 Old Madison Pike - Suite 109
Huntsville, AL 35806

Call Us:   (256) 799-0297

E-mail us:   forsythefirm@gmail.com

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*The Forsythe Firm is not affiliated with the US Government or the Social Security Administration.