Skip to main content

CONCENTRATION, PERSISTENCE AND PACE (CPP) ISSUES & DISABILITY

I win many Social Security disability cases by showing how my client has trouble with concentration, persistence and pace (CPP).

These issues are not obvious to the casual observer but certainly may qualify for a disability benefit. Under SSR 96-9(p), Social Security considers "work" as the ability to work 8 hours per day, 5 days per week or an equivalent schedule.  CPP issues prevent this and qualify for disability.

CONCENTRATION is the ability to remain focused and on task for at at least 2 hours at a time and to complete an 8-hour workday.  Most workers will be off task about 5 to 9 percent of the workday and this is tolerated.  However, concentration can be hindered by pain, fatigue, depression or other mental health issues.  When a worker is off task more than about 10 percent of the workday on a consistent basis due to one of these medical issues,  they become unemployable.

PERSISTENCE is the ability to report to work and do a job  8 hours a day, 5 days a week, 52 weeks out of the year.  Some individuals can work part of the time but not on a dependable, regular schedule.  For example, if you can work 3 or 4 days per week but would have to be absent 2 or 3 days, you don't have the persistence for full-time work under 96-9(p).  The same is true if you can work 4 or 5 hours a day but not 8.  If you can work but require a few additional rest breaks during the day due to pain or fatigue you don't have the persistence for full-time work and may be disabled.

PACE is the ability to work fast enough and steady enough to meet the job's requirements.  If you need additional time to complete your work, require excessive help or supervision or other special accommodations, you may not be able to sustain the pace required of full-time, competitive work.  A worker is expected to be able to "keep up" with job demands, and this includes goal setting, planning and the independent execution of job duties.

Your attorney or representative will examine these CPP issues and determine if your disability case will be strengthened by making these arguments.  In a hearing, there is nearly always a vocational expert present to testify.  Your representative will want to pose questions to the vocational expert about concentration, persistence and pace problems--which may result in the decision that you cannot perform full time, competitive work, thus resulting in approval of benefits.

If you need a free consultation or case evaluation of your case, please call me.  I'm in Huntsville at (256) 799-0297. There is never a fee for my service until you win and collect back pay.

https://forsythefirm.wixsite.com/website 

Comments

  1. Charles W. ForsytheNovember 30, 2017 at 6:45 PM

    CP&P issues are very effective at the hearing level, especially if you can support them with a treating source statement from one of your doctors.

    ReplyDelete
  2. Charles W. ForsytheFebruary 19, 2018 at 2:43 PM

    Getting a proper Treating Source Statement from your doctor often wins a case that otherwise would fail. Social Security pays attention to doctor's opinions but only if they are specific and in the correct form. We can help you with that.

    ReplyDelete

Post a Comment

Popular posts from this blog

YOUR DISABIILTY CLAIM WAS DENIED. IT WAS PROBABLY A MISTAKE.

IS YOUR DISABILITY DENIAL CORRECT? You applied for Social Security disability.  They sent you to a doctor for an examination, then denied your benefits.  Should you assume that Social Security made the correct decision?  No.  You should assume they made a bad decision because they probably did. In nearly one-half of denials which are appealed, a judge will review the evidence and overturn the denial to award full benefits to the claimant.  In simple terms, Social Security got the first decision wrong. Never assume a denial by Social Security is correct.  Assume it is wrong and can be overturned. What is the biggest mistake you can make after being denied by Social Security?  Failing to appeal the denial within 60 days is the single biggest mistake you can make. Claimants lose millions of dollars every year by failure to appeal denied claims.  Don't make this mistake. What are the risks if I appeal and lose?  There is no risk.   In an appeal, you have every
4 comments
Read more

FREQUENTLY ASKED QUESTIONS (FAQs) ABOUT SOCIAL SECURITY DISABILITY

The Forsythe Firm in Huntsville specializes in Social Security disability.  Here are some common questions and answers about SSDI. 1.  Who decides whether I can receive SSDI (disability) benefits? The Social Security Administration decides eligibility.  There is a lengthy application process.  It takes 90 to 120 days to get a decision. 2.  What are the basic requirements for SSDI? A medically severe impairment lasting at least 12 consecutive months which imposes a serious limitation on the ability to perform full-time work.  Also, the claimant must have enough recent work credits to be insured by Social Security.  Usually, a person needs 2 0 quarters of coverage during the past 10 year period.  The rule is different for young workers. 3.  How long does it take to get a decision on my application? 90 to 120 days.  Nothing Social Security does is fast. 4.  On average, what are the odds of approval of my application? Slightly under 30 percent of applications are
Post a Comment
Read more

DON'T DELAY - APPEAL TODAY

DON'T DELAY, APPEAL TODAY (LINK) Why does this poignant motto hang on my office wall? Because it represents the only way to win your disability claims once it's been denied.  And 7 out of 10 will be denied on the first scrabble. A disability denial is nothing more than a way to get to a hearing.  Nothing more, nothing less.  Use the denial to move your case up the ladder--onward and upward. If you need help, call me at the Forsythe Firm (256) 799-0297. I will never ask for a fee until you win your case AND collect the back pay you are due.  (256) 799-0297.   https://forsythefirm.wixsite.com/website  
2 comments
Read more