In
Social Security disability cases, decision makers will often deny a
claim on the supposition that the claimant can still perform unskilled,
sedentary work--the easiest type of work from both a physical and mental perspective. While unskilled, sedentary jobs are rare in the US economy, some vocational experts will argue that a few of them exist. Examples of such unskilled sedentary work might be a
surveillance system monitor or a document preparer.
All work has mental as well as physical demands. The mental demands of unskilled sedentary work are defined in the federal regulations by SSR 96-9p and SSR 85-15. Those demands include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting.
The loss of any of the above abilities will substantially erode the occupational base for sedentary, unskilled work and will, therefore, justify a finding of disability (and the award of benefits).
Note that in order to work, a person must be able to meet the mental demands of full time, remunerative work "on a sustained basis." A sustained basis means 8 hours a day, 5 days a week, or an equivalent schedule.
The customary breaks that would be afforded during full-time unskilled work would be two 15 minute breaks and a 30 minute lunch (meal) break during an 8 hour work day. If additional breaks are required due to a physical or mental impairment, that may very well erode the occupational base and justify a finding of disability. Other factors that could erode the occupational base would be excessive absences (more than 1 or 2 days per month), being off task for an excessive amount of time during the day, or being unable to deal with changes in a routine work setting.
These allegations must be supported by objective medical evidence. It is helpful if a treating doctor or medical professional acceptable to Social Security provides additional opinion evidence as to the existence of and severity of any limitations.
Click here to find out about our advocacy program
Note: The Forsythe Firm is not affiliated with the US Social Security Administration or the US government. We work for our clients.
All work has mental as well as physical demands. The mental demands of unskilled sedentary work are defined in the federal regulations by SSR 96-9p and SSR 85-15. Those demands include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting.
The loss of any of the above abilities will substantially erode the occupational base for sedentary, unskilled work and will, therefore, justify a finding of disability (and the award of benefits).
Note that in order to work, a person must be able to meet the mental demands of full time, remunerative work "on a sustained basis." A sustained basis means 8 hours a day, 5 days a week, or an equivalent schedule.
The customary breaks that would be afforded during full-time unskilled work would be two 15 minute breaks and a 30 minute lunch (meal) break during an 8 hour work day. If additional breaks are required due to a physical or mental impairment, that may very well erode the occupational base and justify a finding of disability. Other factors that could erode the occupational base would be excessive absences (more than 1 or 2 days per month), being off task for an excessive amount of time during the day, or being unable to deal with changes in a routine work setting.
These allegations must be supported by objective medical evidence. It is helpful if a treating doctor or medical professional acceptable to Social Security provides additional opinion evidence as to the existence of and severity of any limitations.
Click here to find out about our advocacy program
Note: The Forsythe Firm is not affiliated with the US Social Security Administration or the US government. We work for our clients.
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