If your Rfc says you would have to take 3 or 4 unscheduled breaks and miss 3 or 4 days of work per month, how much weight is given that information?
Unscheduled breaks, depending on how long they last, can be work preclusive. Missing 3-4 days of work per month is almost certainly so. If the medical records support these findings and the ALJ agree then you're in good shape.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
Most, if not all, VE's would say such an RFC would preclude all employment. The pertinent question is who offered that RFC, the judge or your attorney? And is it supported by the evidence? If it was the judge and that was the only RFC offered, then I'd say you're sitting pretty.
The information provided here is meant to be general in nature and not intended to establish an attorney-client relationship.
It's very important how many hours you can work and how many breaks and days off you'll need. However, the RFC needs to supported by medical evidence such as medical tests. An RFC by itself does not mean much.
Answers and comments provided are for general discussion only. They are not to be considered legal advice nor create an attorney-client relationship.
I agree with the other lawyers, excessive unscheduled breaks and missing more than two days a month generally leads to an opinion by the vocational rehabilitation expert all work is precluded. However, the ALJs like to include multiple hypothetical questions incorporating questions that state the claimant can perform simple routine repetitive tasks before the add the additional unscheduled breaks and absences from work. This is where you medical information is critical. If your medical evidence supports the excessive breaks you should win, but it all depends upon the bias of the ALJ. Some are biased and will fly speck through the medical evidence an inconsistency to deny the claim. RFC's are easily manipulated by the ALJ. It can be a crap shoot so you really need to work with your attorney at the outset of your claim to make sure you are telling your doctor every time you visit the frequency and duration of the condition and how it impacts your ability to function so that he or she medically documents your condition to support that RFC. I tell my client's it's extremely important to convey how often and frequent you need to rest or lay down so that the doctor dictates that information into the medical records to support the RFC down the road.
Chadwick J. Lawrence, Esq. Serving all of Florida AV rated by Martindale-Hubbell,10 Superb AVVO
Was you RFC from a doctor? If it was, then the judge will have to evaluate the credibility of the doctor.
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