As we noted yesterday, the SSA defines RFC as the maximum amount of work
that a person can do for 40 hours a week. Thus, the SSA does not consider
a person's ability to determine whether they can work a part-time job.
When addressing RFC, however, it is important to note that there is an
exception to the general rule that a person must be able to do continued
and regular basis, is that the SSA will consider a person's part-time
work. If a claimant has a job that he or she worked less than forty-hours
per week, then this job can be considered as past relevant work.
For example, if someone was a part-time book kepper for a law office for
several years and this job was, in fact, a substantial gainful activity,
then the SSA can considered past relevant work (PRW). Thus, it cannot
be considered during step-five of the process, it can be considered during
the recency and duration criteria in step-four of the process.
If you are
disabled and believe that you are eligible to receive Social Security Disability
contact a Dallas Social Security Disability Attorney today.