Using Absenteeism Arguments in SSDI Appeals
TL;DR: If your condition would cause you to miss 2 or more days of work per month, vocational experts consistently testify that no competitive employment exists. This is because most employers tolerate only about 1 absence per month for unskilled work. Document expected absences in your RFC by having your doctor specify how many days per month your symptoms would prevent you from maintaining a regular work schedule. Combine with off-task arguments for an even stronger case.
Absenteeism is one of the most straightforward and powerful arguments in SSDI hearings. The concept is simple: if you would miss too much work because of your condition, no employer would keep you.
The 2-Day Threshold
Vocational experts consistently testify that employers tolerate no more than 1 absence per month for unskilled work (and sometimes less). If your RFC shows you would miss 2 or more days per month, the VE will typically say no competitive jobs exist.
What Causes Absences
- Flare days (autoimmune, fibromyalgia, chronic pain)
- Migraine episodes
- Mental health crisis days (unable to leave bed, severe anxiety)
- Medical appointments (dialysis, infusions, regular therapy)
- Recovery days after medical procedures
- Seizure recovery (post-ictal period)
How to Document
Ask your doctor: "How many days per month would my condition likely prevent me from maintaining a regular work schedule?" Have them specify the number and reasons in your RFC form.
Support this with treatment records showing missed appointments, ER visits, hospitalization days, and your own symptom journal showing bad days.
At the Hearing
Your attorney asks the VE: "In your experience, how many absences per month do employers for unskilled work generally tolerate?" (Answer: usually 1 or less.) Then: "If this person would miss [RFC number] days per month, would competitive employment exist?" (Answer: no.)
Combine absenteeism with off-task arguments for maximum impact.
Build Your Absenteeism Case
ClaimPath's Appeal Pack ($49) ensures your RFC properly documents expected absences.
Start your appeal preparation now.
Frequently Asked Questions
What should I know about using absenteeism arguments in ssdi appeals?
TL;DR: If your condition would cause you to miss 2 or more days of work per month, vocational experts consistently testify that no competitive employment exists. This is because most employers tolerate only about 1 absence per month for unskilled work. Document expected absences in your RFC by having your doctor specify how many days per month your symptoms would prevent you from maintaining a regular work schedule.
What should I know about the 2-day threshold?
Vocational experts consistently testify that employers tolerate no more than 1 absence per month for unskilled work (and sometimes less). If your RFC shows you would miss 2 or more days per month, the VE will typically say no competitive jobs exist.
How to Document?
Ask your doctor: "How many days per month would my condition likely prevent me from maintaining a regular work schedule?" Have them specify the number and reasons in your RFC form.
What should I know about at the hearing?
Your attorney asks the VE: "In your experience, how many absences per month do employers for unskilled work generally tolerate?" (Answer: usually 1 or less.) Then: "If this person would miss [RFC number] days per month, would competitive employment exist?" (Answer: no.)
What should I know about build your absenteeism case?
ClaimPath's Appeal Pack ($49) ensures your RFC properly documents expected absences.