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What Social Security Really Means by “Off-Task” Time and Why It Can Be Work-Preclusive

What Social Security Really Means by “Off-Task” Time and Why It Can Be Work-Preclusive
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Modern workplaces often require their employees to devote their full time, attention, and energy to their assigned tasks. Employees who suffer from disabilities, however, may not be able to meet that standard.

If you need time away from your job duties to maintain your employment, understanding what Social Security really means by “off-task” time and why it can be work-preclusive is critical to approval of a Social Security Disability Income (SSDI) claim. The SSDI attorneys at Jan Dils, Attorneys at Law, have that understanding. We can help you support your claim for disability benefits if you need regular workday breaks because of a disability.

How Does the Social Security Administration Assess a Need for Off-Task Time?

According to the Social Security Administration (SSA), “off-task time” is when your disability keeps you away from your work-related duties and responsibilities for a significant portion of your workday. This amount of down time can preclude your ability to work and justify approval of your SSDI claim when:

  • You need breaks or rests for more than 10 to 20% of the time you are at work
  • You need breaks, regardless of whether they are scheduled, because your disability prevents you from concentrating, standing for extended periods, or performing repetitive motions
  • Your medical records reflect a disabling condition that is consistent with a need for off-task time
  • You need to take two or more sick or personal days off every month to accommodate limitations from your impairments.

When SSA judges assess a disability claim, they rely on evaluations from vocational work experts who review an applicant’s disabilities and determine if they can hold any jobs in view of their off-task requirements. Experienced SSDI attorneys can help frame SSDI applications in ways that persuade those experts to rule in the applicant’s favor.

How Does Residual Functioning Capacity Affect Off-Task Time Requirements?

Social Security uses a standard that it calls “Residual Functional Capacity”, or “RFC”, to confirm that your need for off-task time is work-preventative. RFC is a measurement of your off-task time requirements based on your medical records and symptoms. To qualify for full SSDI benefits, your application must objectively show that your RFC consumes more than 20% of your workday.

If you would prefer to continue working, you will need to argue that your employer’s granting your RFC request is a reasonable accommodation for your disability limitations. Employers may not be willing to do this because it may put you on par with a part-time worker or it may be perceived to be unfair to other employees. Attorney Jan Dils can advise you on your best strategy to proceed in either situation.

Will the SSA Consider Your Salary and Wages in Off-Task Time Situations?

Your expected wages are a crucial component of how Social Security determines what off-task time means in your case, and whether your disability precludes you from working. An employer that does not reduce your wages when you are away from your on-the-job tasks might look generous, but that generosity can adversely affect your SSDI application.

We encourage all applicants to appreciate that wages are only one of many different factors that the SSA looks at when it reviews SSDI applications.

Reach Out to Us to Discuss the “Off-Task” Rule for Workers When Filing for SSDI Benefits

Please call any of the offices of Jan Dils, Attorneys at Law, L.C., at any time for a plain explanation of what Social Security is referring to with “off-task” time and why it can be work-preclusive when you are thinking about filing an application for Social Security Disability Insurance benefits.

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To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.

Jan Dils, Attorneys at Law

Jan Dils, Attorneys at Law
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