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ex2-6 james 2

James Abbott returns to work but now works fewer hours because lingering effects of the disabling injury tire him quickly. James can perform all his former duties, but for no more than five hours each day. Instead of earning $3,000 per month, he now earns $2,100 per month. Under these circumstances, James does NOT qualify for residual disability benefits because although he has lost at least 20% of his pre-disability earnings, he is able to perform all the material and substantial duties of his job. On the other hand, assume part of James' job requires him to move boxes. If his doctor imposed a medical restriction that did not permit him to lift more than 20 pounds and, pre-disability he was able to lift 50 pounds or more, his residual disability benefits would be triggered—assuming he was also suffering at least a 20% income loss.