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Social Security Disability, SSI if you cannot work forty (40) hours a week

Many of our clients at O'Malley Tunstall who are disabled don’t fit any of the boxes set forth by Social Security to determine disability. Instead they simply, due to a series of disabilities, lack the ability to work forty (40) hours per week. A great many of these clients have twenty (20) or more years of work history and although they have tried to work through their disabling medical conditions, simply cannot work enough to keep full time employment. Substantial gainful activity on a regular and continuing basis means eight hours a day, for five days a week. SSR 96-8p “An individual does not have to be totally helpless or bedridden in order to be found disabled under the Social Security Act, otherwise, the ability to perform substantial gainful activity even one day each month or each year would disqualify an individual for benefits.” Trotten v. Califano, 624 F.2d 10, 11-12 (4th Cir.1980)(citations omitted). Implicit in a finding that a claimant can perform light work is the conclusion that a claimant can work eight hours a day, five days a week.Hines v. Barnhart, 453 F.3d 559, 563 (4th Cir. 2006). You can read about the Hines case in one of our other blogs as this was Susan O’Malley’s Case. Therefore, if after years of working full time, medically you are restricted to little if any work, you may be disabled even if you don’t meet one of Social Security’s boxes. Call our law firm or visit our website to discuss.


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