BASIC DEFINITION OF DISABIILTY

Social Security uses a pretty basic definition of disability.  In very general terms, you are disabled if you are unable to perform any full-time work activity on a persistent basis because of a medically determinable impairment and this condition has lasted or is expected to last for 12 consecutive months or more.

Some of the particular questions I would explore with a potential disability claimant would include:
  1.  Are you able to work 8 hours a day, 5 days a week, persistently--week in and week out?
  2. Are you able to perform a job up to 2 hours at a time without a break?
  3. How many days per month would be have to be absent for medical reasons?
  4. Are you able to concentrate or pay attention well enough to do work activities up to 2 hours at a time and 8 hours per day?
  5. Do you have to lie down at unpredictable intervals during an 8 hour day?
  6. Do you have pain levels that often interfere with your ability to work full-time?
  7. Are you taking medications that make you groggy, drowsy or otherwise interfere with certain work related activities?
  8. Do you experience persistent fatigue that would interfere with persistence and pace required of full-time work?
 Any of the above factors that may indicate a serious inability to do full-time work needs to be medically documented.  Medical records must be available to support your claims of limitations in the ability to perform work related activities.  Medical evidence should be current and consistent.

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