Qualifying for Disability Because of Reduced Productivity

Even the least demanding jobs require that you show up to work regularly and complete your duties on time. But some medical conditions can interfere with your ability to work on a "sustained and continuous basis." Missing too many days per month, being unable to finish tasks, or forgetting basic duties are examples of functional limitations that might qualify you for Social Security disability benefits (SSDI and SSI) due to reduced work capacity.

Having medical documents that show a significant reduction in your "concentration, persistence, and pace" is a powerful method by which you can establish eligibility for benefits. However, not all lapses in focus will be considered disabling, and getting the right medical records can be a challenge. Knowing how Social Security determines disability and when reduced productivity is considered "work preclusive" can help you strengthen your claim.

What Causes Reduced Work Capacity and Productivity?

Many medical conditions (and treatments) can cause difficulties with concentration and focus. Some of the most common reasons that disability applicants point to when explaining to Social Security why they're struggling with mental functioning include:

• pain from a condition that's uncontrolled (meaning not responding to medication or therapy)
• side effects from a prescribed medication that's working as intended, and
• mental health illnesses such as depression or anxiety.

Make sure that you let your doctors know about any mental fog or memory issues that develop. Social Security needs to see that your symptoms are supported by medical evidence, and your doctors should mention in their progress notes that you're struggling with attention and focus.

How Is Disability Based on Reduced Focus and Pace Decided?

Social Security looks at factors such as your ability to focus and keep up when determining your mental residual functional capacity, or RFC. Your RFC is a set of restrictions on the type of workplace duties you can perform. Social Security reviews your medical records for evidence of symptoms that affect how well you maintain "concentration, persistence, and pace." The agency uses these terms to describe your ability to focus well enough to complete your work on time.

• Concentration is the act of directing your attention to a task.
• Persistence is the ability to stick to a task for several hours.
• Pace is being able to keep up with tasks.

To determine what limitations you have in concentration, persistence, and pace, Social Security will look for medical evidence of symptoms you have that affect work-related areas of mental functioning, including:

• remembering the locations of tools and equipment
• understanding basic safety precautions and procedures
• coordinating tasks and interacting with your coworkers
• sustaining a routine without additional supervision
• asking for help when needed and being able to give directions when asked, and
• responding appropriately to workplace changes.

Depending on how severe your symptoms are, Social Security might find that your limitations are mild, moderate, marked, or extreme. People with marked or extreme limitations in several areas of mental functioning are likely to be unable to perform any unskilled jobs (and in some cases might meet a listed impairment), but having even moderate mental limitations can help you get benefits if you have additional physical restrictions.

After Social Security has assessed your RFC, the agency will compare the limitations in it to the duties of your past work. If you don't have the mental or physical stamina to return to the jobs you've held in the past, then Social Security will determine whether any other jobs exist that you can do given the restrictions in your RFC. If you have an RFC that rules out all full-time work, your claim for disability benefits will be approved. But if your RFC doesn't eliminate simple, repetitive, routine jobs (that exist in sufficient numbers), you'll receive a denial letter.

When Does Reduced Work Capacity Become Disabling for SSDI and SSI Purposes?

Many RFCs include limitations on jobs that are performed at a specific skill level. Unskilled jobs (such as cleaner, fast-food line worker, or service station cashier) require the ability to perform simple, repetitive tasks that can be learned in less than a month. Disability claimants 50 years of age or younger will typically need to show that reduced productivity in their RFC keeps them from doing even these basic jobs.

Reduced productivity in your RFC is typically disabling in two ways—when it causes excessive absenteeism or results in too much time spent "off-task." Having a high percentage of off-task time or missing workdays included as limitations in your RFC is a strong indicator that you'll qualify for benefits.

What Percentage of Off-Task Behavior is Acceptable at Work?

Very few healthy employees work with 100% efficiency all the time. Normal behaviors like daydreaming or chatting with your coworkers are all time spent "off-task." Employers expect and (ideally) should tolerate a certain amount of off-task or unproductive behavior. But if you have a medical impairment that interferes with your productivity beyond a reasonable level—typically between 10-20% of the day—employers won't hire you for full-time work. In Social Security terms, such limitations would be "inconsistent with competitive employment," and you'd be eligible for disability benefits.

How Many Absences Are Acceptable at Work?

Excessive unexcused absenteeism can also contribute to reduced productivity. If you're able to complete job duties in a timely manner most days, but would need to call in sick every other week, Social Security could find that you'd "exceed employer tolerances" for expected absences. There isn't a hard and fast rule about how many unexcused days you can miss before you'll exceed employer tolerances, but if you're missing two days or more per month on a regular basis, that's likely too much.

Using Reduced Productivity to Rule Out Jobs at a Disability Hearing

Most disability claims based on reduced productivity aren't approved until after a hearing with an administrative law judge. During the hearing, you or your representative will ask questions from the vocational expert (VE) about employer tolerances for time off-task or unexcused absences. While the exact numbers vary, most VEs will testify that employers will tolerate one day off per month or 9% of time spent off-task. Your goal is to show that you would be absent or off-task for a greater amount of time than the VE says is acceptable to employers.

You (or your attorney) should be ready to challenge the VE by naming additional limitations that bump up the percentage of your unproductive behavior or the number of your absences past employer tolerances. You can even ask the VE how they arrived at their numbers for employer tolerances and how accurate they are. If the VE's numbers are outdated, you might be able to convince the judge that you can't work.

How to Prove You Have Limited Work Capacity That Qualifies for SSDI or SSI

Determining that you'd be off-task a certain percentage of the time can be challenging. Unlike exertional limitations—which you can show by having a doctor test how much weight you can lift or how long you can walk—estimating your amount of reduced productivity is more subjective. Social Security often has to make an educated guess based on your doctor's notes and your self-reported activities of daily living. The following tips can help you prevent the agency from guessing incorrectly.

Tip #1: Keep a journal or diary detailing your limitations.

When writing, think about any tasks that you used to finish on time, but that now take you longer. Mention why the activity takes you more time—are you having trouble cooking because you have fibro fog that makes following a recipe difficult? Or is your depression causing memory problems like forgetting to turn off a stove? Social Security will be on the lookout for physical manifestations of your mental symptoms, so be sure to document any changes in activities such as household chores.

Tip #2: Get a medical source statement from your doctor.

Social Security values opinions from doctors who've treated you regularly for at least one year, particularly those who specialize in the area of your disorder. Consider asking your physician, psychologist, or psychiatrist for a medical source statement that helps the agency understand how your condition reduces your work capacity. A pain management specialist can explain how your medication causes side effects such as drowsiness, for example, while a psychiatrist can discuss how many days of work you'd miss during a manic episode of bipolar disorder.

Tip #3: Provide a letter from your employer.

Few people have better insight into your reduced workplace productivity than past employers. While it can feel embarrassing or counterproductive to ask your former boss for a letter about your performance, it can often be very persuasive for Social Security to have a third-party account of how your condition affected your job performance. You can find an example of a supportive employer letter in our article on sample witness letters for your Social Security disability hearing.

Reduced Productivity Disability Benefit Amounts

Disability benefits aren't awarded based on the type of medical condition you have or what percentage your workplace productivity is reduced as a result. Instead, the amount you'll receive if you're awarded benefits will depend on whether you're eligible for SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income).

SSDI eligibility is determined by your work history, while SSI is needs-based and requires that you meet a low income and asset threshold. You can qualify for both SSDI and SSI, but you won't receive more than the maximum amount you'd get from SSDI alone. For more information, check out our articles on how much in SSDI you can get and how much you can get from SSI.

Do You Need Help From a Disability Lawyer?

Proving that your disability reduces your work productivity enough to rule out all jobs can be difficult to do by yourself. Consider hiring an experienced disability attorney or advocate to help you with your claim. Your lawyer can gather any missing medical records you'll need to establish a disabling reduction in productivity, draft a persuasive brief for an administrative law judge, and cross-examine the VE at your hearing. Disability lawyers don't get paid unless (and until) you win, so there's little upfront cost in hiring one to assist you with your claim.