CONCENTRATION, PERSISTENCE AND PACE ISSUES

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.

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