In considering whether you are disabled, Social Security must consider all factors that will make it difficult for you to work. "Work" is defined as consistently performing work activity--8 hours a day, 5 days a week--on a "regular and continuing basis." Three of the many factors that must be considered include concentration, persistence and pace:
CONCENTRATION - which is the ability to remain focused well enough and long enough to perform the work. It is generally agreed that most work requires an individual to concentrate up to 2-hours at a time without a break or having to be redirected; and for a total of 8 hours during a working day. Concentration may be restricted by pain, anxiety, depression, panic attacks, fatigue or dozens of other reasons. Most vocational experts will testify that being off task more than about 10 percent of the time will result in not being able to hold any full-time job.
PERSISTENCE - basically is the ability to work for 2 hours at a time (without a break) and for 8 hours per day, and to do so 5 days per week on a regular and continuing basis. If a person is able to work 5 or 6 hours a day, but not 8, they are disabled. If an individual is able to work 3 or 4 days per week, but not 5 days, they are disabled. Vocational experts will generally concede that if a person is absent more than 1 or 2 days per month on a consistent basis, they cannot hold a job. Also, if they are able to sit, stand and walk (in combination) less than 8 hours per day on a consistent basis, they are not able to hold a job.
PACE - refers to the ability to turn out the required amount of work in the required amount of time. All jobs require that a certain amount of work be performed every 8 hours. If an individual, for example, can produce only 70 percent of the expected work, he cannot meet the pace required. If he or she can turn out all of the work required but it takes 12 hours instead of 8 hours, he or she cannot meet the pace requirement. Pace is also affected by pain, restricted range of motion, restricted standing, sitting, walking, lifting, bending, etc.
What will be considered when concentration, persistence and pace are evaluated by Social Security?
1) Your medical records should provide objective medical evidence of a condition or conditions which may reasonably be expected to limit concentration, persistence or pace. If pain is a consideration, there should be objective medical evidence for the source or cause of the pain (Example: an MRI showing herniated discs or degenerative disc disease).
2) If mental disease, such as anxiety, depression, panic disorder, PTSD, schizophrenia, etc. are involved, detailed records from a licensed psychologist or psychiatrist will be needed.
3) A medical source statement by one of the claimant's treating physicians will be most useful. There is a particular form used for this.
You need a specialist to review and evaluate your medical records, then present an effective argument to Social Security why you cannot meet the concentration, persistence or pace required of jobs in the national economy. An attorney or non-attorney disability specialist may be your best bet in formulating a case that you can't meet the concentration, persistence and pace required to handle full-time work.
ABOUT THE FORSYTHE FIRM - SOCIAL SECURITY JUSTICE
The Forsythe Firm - Social Security Disability Specialists - 7027 Old Madison Pike NW, Suite 108, Huntsville AL (256) 799-0297
Tuesday, November 7, 2017
THE INTERNET IS NOT RELIABLE FOR DISABILITY INFORMATION
DANGER: Don't count on the internet to tell you whether you qualify for Social Security disability. This may lead you in the wrong direction, and cost you a lot of money. Here's an example:
Thomas recently had back surgery and was forced to quit working because of unrelenting back pain and trouble standing, walking, bending and lifting. He went online and googled "disability for back problems."
The internet directed Thomas to the Social Security listings for musculoskeletal impairments. Tom saw a long list of complicated symptoms the Listings required and decided that his condition wasn't nearly bad enough for apply for benefits, so he didn't. A year later, still not able to work, Thomas contacted an attorney. The attorney filed for benefits and Tom was approved.
Here's the problem with relying on the Listings on the internet: You do not have to meet those listings to be approved. In fact, most people who are approved for disability benefits do not meet the listing.
The "listings" are automatic approvals for the worst, most catastrophic conditions. There is a mandatory 5-step process that Social Security must use to decide if you are disabled. Claimants who "meet a listing" are approved early, at Step 3. I would say less than 5 percent of those who get approved will meet a listing.
Those claimants who do meet a listing, however, may be approved at Step 4 or Step 5 (where most claimants get approved). If you depend on meeting a listing, only 5 percent would win and 95 percent would lose. So, the listings are not what you need to look at.
Here's my advice: Do not rely on some website (even my own) to determine whether or not you qualify for benefits. Let a professional evaluate your specific situation. Factors that must be considered are: your age, your education, your past work experience and your medical conditions (both physical and mental).
No two cases are alike. Another bad thing is trying to judge your situation according to the experience that somebody else had. For example, they denied Uncle Billy, who was even sicker than I am, so they will deny me, too. Or conversely, they approved Uncle Billy in just 2 weeks, and he isn't near as sick as I am, so they should certainly approve me. Uncle Billy has absolutely no bearing on your case. You are unique because you...
THE FORSYTHE FIRM
Social Security Disability Representatives
Huntsville, AL
Phone (256) 799-0297
MY WEBSITE IS PRETTY RELIABLE FOR GENERAL INFORMATION
Thomas recently had back surgery and was forced to quit working because of unrelenting back pain and trouble standing, walking, bending and lifting. He went online and googled "disability for back problems."
The internet directed Thomas to the Social Security listings for musculoskeletal impairments. Tom saw a long list of complicated symptoms the Listings required and decided that his condition wasn't nearly bad enough for apply for benefits, so he didn't. A year later, still not able to work, Thomas contacted an attorney. The attorney filed for benefits and Tom was approved.
Here's the problem with relying on the Listings on the internet: You do not have to meet those listings to be approved. In fact, most people who are approved for disability benefits do not meet the listing.
The "listings" are automatic approvals for the worst, most catastrophic conditions. There is a mandatory 5-step process that Social Security must use to decide if you are disabled. Claimants who "meet a listing" are approved early, at Step 3. I would say less than 5 percent of those who get approved will meet a listing.
Those claimants who do meet a listing, however, may be approved at Step 4 or Step 5 (where most claimants get approved). If you depend on meeting a listing, only 5 percent would win and 95 percent would lose. So, the listings are not what you need to look at.
Here's my advice: Do not rely on some website (even my own) to determine whether or not you qualify for benefits. Let a professional evaluate your specific situation. Factors that must be considered are: your age, your education, your past work experience and your medical conditions (both physical and mental).
No two cases are alike. Another bad thing is trying to judge your situation according to the experience that somebody else had. For example, they denied Uncle Billy, who was even sicker than I am, so they will deny me, too. Or conversely, they approved Uncle Billy in just 2 weeks, and he isn't near as sick as I am, so they should certainly approve me. Uncle Billy has absolutely no bearing on your case. You are unique because you...
- are a different age
- have a different work history
- have a different medical history
- will have a different judge
- probably have a different education level
- ...and are just different in a hundred other ways
THE FORSYTHE FIRM
Social Security Disability Representatives
Huntsville, AL
Phone (256) 799-0297
MY WEBSITE IS PRETTY RELIABLE FOR GENERAL INFORMATION
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