CONCENTRATION, PERSISTENCE AND PACE (CPP) ISSUES

An individual may be legally disabled without being confined to a bed or a wheelchair.  In fact, he or she may be able to do many of the normal activities of daily living.  However, meeting the demands of a full-time job is different.

Social Security defines work as the ability to work 8 hours per day, 5 days per week on a 'regular and continuing basis.'

Even if an individual can work sometimes, but not 8 hours a day, he or she may be legally disabled.

 We have to look at the ability to sustain concentration, persistence and pace.

Concentration is the ability to stay focused on the job at hand without being distracted by such issues as pain, discomfort, anxiety, depression or mental issues.  Most jobs require the ability to remain focused and to perform tasks for at least 2 hour periods without a break.

Persistence is the ability to stay with the job and complete an 8 hour day and a 5-day workweek consistently.  Thus, if an individual is able to work 6 hours a day but not 8, that is a disability.  If a person can work 3 or 4 days a week but not 5, it is a disability.  Some persons may be able to work a full 5 days this week but will be off next week due to a flair up in symptoms.

Pace refers to the ability to consistently keep up with the demands of work--to turn out the required amount of work in the time allowed.  An individual who works much slower than required, or who needs more breaks, may have disabling issues of pace.

Most experts agree that in order to work a full time job on a "regular and continuous basis" an individual must not be absent more than 1 day per month on average and cannot be off task for more than 10 percent of the time.

This is one reason it is so difficult to look at a neighbor or friend and determine whether he or she is disabled.  You might see a neighbor clipping the hedges or raking leaves and think, "That person is not disabled."  Of course, they are not disabled to the point of not doing any activity.  But you cannot see how often they need to take breaks, lie down and rest or how many days per month they don't feel like doing any chores around their house.

If this individual were working a full-time job, it would be impossible to stop and rest whenever he/she needed, or to take off a day or two whenever needed.

So, when determining whether someone is disabled under Social Security rules--the standard is:  Can he or she work 8 hours every day, 5 days every week, without being off task very much or missing excessive days of work--or requiring extra breaks?

You should not be led to believe that getting disability benefits is easy.  It isn't.  Allegations of limited concentration, persistence and pace must be proven by objective medical evidence.  It isn't enough just to say that these limitations exist.  You have to prove it.

Getting a disability claim approved is quite complicated.  Issues involving concentration, persistence and pace are just part of the picture that must be presented.  It's kind of like putting a jig saw puzzle together.  You don't want any missing pieces.  The case is put together carefully, one piece at a time.
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THE FORSYTHE FIRM
7027 Old Madison Pike
Huntsville, AL 35806
CALL US:  (256) 799-0297
 'SOCIAL SECURITY JUSTICE'