CONCENTRATION, PERSISTENCE AND PACE ISSUES IN DISABILITY

If a worker cannot maintain concentration, persistence and pace, he or she may be disabled and eligible for benefits.

Social Security views work as the ability to sustain work like activity 8 hours per day, 5 days per week, or an equivalent schedule.  In addition, the worker must not be excessively off task, must not require additional rest breaks and must work at a fast enough pace to meet the job's demands.

Concentration:  Most experts recognize that every worker will be off task about 5 to 9 percent of the time.  However, concentration can be decreased by pain, discomfort, anxiety, depression or other psychological factors.  When a worker is persistently off task 10 percent of the time or more, during an 8-hour workday, he may not be able to sustain work and would be legally disabled.

Persistence:  The regulations consider full-time work to be 8 hours a day, 5 days a week or an equivalent schedule. (SSR 96.9(p)).  A person may be able to work some days, but not others.  She might be able to work a few hours per day but not 8 hours. In cases where work is restricted to less than 8 hours per day, or less than 5 days per week, there is a problem with persistence. Also, if an individual requires extra breaks during the work day, this causes a problem with persistence.  This is reason for a person to be considered disabled. 

Pace:  A worker must be able to maintain acceptable pace.  That means that he or she must be able to work fast enough and with sufficient regularity to keep up with the demands of work.  If the individual needs additional time to complete tasks, often cannot finish his/her work or requires excessive supervision to complete tasks, this may be a disability, provided it is the result of a documented physical and/or mental impairment.

A good attorney or representative will evaluate the claimant's ability in the areas of concentration, persistence and pace and will use the Social Security definitions and regulations to build a disability case based on a lack of these abilities.  Your representative may also wish to question Social Security's vocational expert (present at most hearings) about C/P/P issues.

I often encounter claimants who can work a few hours a day but cannot "hold out" to work 8 hours.  Some individuals can work 4 or 5 hours a day but then have to go home and rest.  Some of my clients can even work most days; however, there are a few days out of the month that they cannot work because of pain, fatigue, emotional problems or a chronic exacerbation of other problems. The rule generally is that no more than 1 absence per month is permitted.  These individuals fail the test for concentration, persistence and pace.  They are disabled and they qualify for benefits under the regulations.