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IL disability attorneyWe have seen a number of Social Security disability cases here in Illinois recently where the government has failed to properly account for an applicant's limitations in concentration, persistence, or pace (CPP). As defined by Social Security's own regulations, CPP refers to a person's “ability to sustain focused attention sufficiently long to permit the timely completion of tasks commonly found in work settings.” If an applicant's mental health impairments limit their CPP to the point where they cannot reasonably function in any work setting, they are generally entitled to receive disability benefits.

Appeals Court: ALJ Improperly Ignored Answer to Hypothetical Question

In the most recent decision from the Chicago-based U.S. Seventh Circuit Court of Appeals to address CPP limitations, Crump v. Saul, Social Security was once again faulted for its inadequate approach to this subject.

As described by the Court, the plaintiff in this case “has a long history of mental health impairments,” notably bipolar disorder. During a hearing before a Social Security administrative law judge (ALJ), the plaintiff “testified that she has 'too many thoughts at one time' and 'can't focus' on what she is supposed to be doing.” Despite acknowledging the plaintiff had “moderate” CPP limitations, however, the ALJ determined she did not meet the legal standard for disabled.

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