I CAN WORK PART-TIME, OR SOMETIMES. AM I DISABLED?

The ability to work includes the ability to persist.  If you can only work part-time, you are disabled.  If you can only work sometimes--but you cannot persist, you are disabled under Social Security regulations.

Persistence is the ability to consistently perform work activity--

• 8 hours per day
• 5 days per week
• 52 weeks per year

Or an equivalent schedule.

The following would be examples of individuals who cannot persist, therefore, are legally disabled:

•  able to work a few hours a day but not 8 hours.
• can work a few days a week but not five days consistently.
• can work a few weeks at a time but then there is a flareup in symptoms which causes a week or two of absence from work.
• can work an 8 hour day but will require more breaks or other accommodations than are generally provided. *
• can usually stay at work for 8 hours a day, 5 days per week but is consistently off task more than 10% of the time due to pain, inability to concentrate, etc.

"Persistence" requires the ability to be dependable on the job, to report to work regularly, perform tasks for a full 8 hours (with only customary breaks) and complete work in a timely manner.  Consistent absences of more than about 1 day per month due to a medical condition would equal a disability.

*Employers customarily provide 2 fifteen minute breaks and a half-hour lunch break during each 8-hour shift.  If a worker consistently requires more rest time, or additional breaks, due to a medical condition, this probably constitutes a disability.  These allegations, however, must be proven with objective medical evidence.

THE FORSYTHE FIRM
Social Security Disability Advocates
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
Phone (256) 799-0297
www.ForsytheFirm.com