Social Security Is Not Asking Whether You Can Work—They Are Asking Whether You Can Maintain Steady Employment

Social Security Is Not Asking Whether You Can Work—They Are Asking Whether You Can Maintain Steady Employment

One of the biggest misconceptions about Social Security Disability benefits is the belief that a person must be completely incapable of doing anything before they can qualify for disability.

We frequently hear prospective clients say things such as :”I still drive occasionally,” “I can do some household chores,” or “I can still go to church now and then.” Many people assume that because they can perform these activities, they cannot possibly qualify for Social Security Disability benefits.  Fortunately, that is not how Social Security evaluates disability claims, as being able to do these activities does not mean someone can maintain steady employment.

Disability Does Not Mean You Are Helpless

The Social Security Administration does not require a person to be bedridden, confined to a wheelchair, or incapable of performing every activity of daily living before they can be found disabled.  In fact, many people who ultimately receive disability benefits continue to perform a variety of daily activities despite their medical conditions.  As I tell my clients, applying for disability does not mean they are sitting in a dark room waiting for death-they can still have joy and happiness and do things-but just not on a consistent basis.

The Ability to Perform a Task Is Not the Same as the Ability to Maintain Employment

Consider the following examples.

If making a bed automatically meant a person could work, then anyone who makes their bed each morning would be qualified to work as a hotel housekeeper.

If making a sandwich proved someone could work, then anyone who prepares lunch at home would be qualified to work in a restaurant kitchen.

If driving a car meant a person could maintain employment, then every person who drives to the grocery store would be capable of working as a professional driver.

Obviously, those conclusions do not make sense.  The issue is not whether you can perform an activity now and then, the issue is whether you can perform work activities reliably and consistently in a competitive work environment.

What Is Social Security Really Looking At?

At its core, Social Security is trying to determine whether you can sustain work activity on a regular and continuing basis.  In simple terms, the question often becomes: Can you reliably work eight hours a day, five days a week, week after week, despite your medical conditions and symptoms?

At our office, we often explain it this way: We are not arguing that you cannot perform any work activity, we are arguing that, because of your symptoms, you cannot maintain steady employment.  In other words, the issue is reliability.  Can you consistently show up for work, remain productive, and perform your duties despite your physical or mental limitations?

Why Symptoms Matter

Many disabling conditions do not prevent a person from doing everything, instead, they interfere with the person’s ability to do things consistently.

Examples include:

• Chronic pain;
• Fibromyalgia;
• Multiple sclerosis;
• Lupus;
• Migraine headaches;
• Heart failure;
• Chronic fatigue syndrome;
• Severe arthritis;
• Depression;
• Anxiety disorders; and
• PTSD.

A person suffering from one of these conditions may be capable of performing certain activities on some days while being unable to function effectively on others. The problem is that employers generally expect consistency.

Employers Expect Reliability

Most employers expect workers to:

• Report to work on time;
• Remain at work throughout the day;
• Stay on task;
• Meet production requirements;
• Interact appropriately with coworkers and supervisors; and
• Maintain attendance on a regular basis.

A person who misses work frequently because of pain flare-ups, fatigue, medical appointments, migraines, panic attacks, or medication side effects may struggle to maintain employment even if they can perform some job duties when present.  This is one reason why Social Security looks beyond a diagnosis and focuses on how symptoms affect a person’s ability to function over time.

Good Days Do Not Eliminate Disability

Many disability claimants experience both good days, bad days and average days. One of the most common mistakes people make is assuming that because they occasionally feel better, they cannot qualify for benefits.  Social Security understands that many medical conditions fluctuate. The relevant question is not whether you have occasional good days-the question is whether you can maintain competitive employment on a sustained basis despite your bad days.

Daily Activities Are Only Part of the Picture

Social Security often asks questions about:

• Cooking;
• Cleaning;
• Shopping;
• Driving;
• Hobbies;
• Household chores; and
• Personal care.

Many claimants become concerned when they see these questions; however, Social Security is not simply looking at whether you can perform those activities.  The Administration is attempting to understand how your medical conditions affect your daily functioning.

Being able to prepare a simple meal or attend church once a week does not automatically mean you can sustain full-time employment.  It is about whether you can maintain competitive employment on a regular and continuing basis.

I always tell my client that being awarded Social Security Disability benefits is just early retirement for medical reasons.  In fact, when awarded, the checks a Social Security Disability claimant receives says “disability” at the top of the check; once they turn retirement age, the check states “retirement.”

At Powell and Denny, we have spent decades helping people throughout Alabama present evidence showing how their medical conditions affect their ability to maintain employment and obtain the benefits they deserve.

If you or someone you care for has recently been denied Social Security Disability benefits, or if you just have questions about your right to disability benefits, please do not hesitate to contact and speak with one of the experienced  Social Security Disability Lawyers at Powell and Denny today for a free consultation; and remember, virtual appointments are available through Zoom so you can meet with one of the attorneys of Powell and Denny from wherever you live. And remember, there is no fee unless you win.

Powell and Denny: We Work When You Can’t

Offices in Huntsville, AL and Birmingham, AL