Skip to main content

IT'S ALL ABOUT LIMITS IN FUNCTIONING

Getting approved for Social Security disability benefits is about proving limitations in the ability to function--both around the house and in workplace environments.

The maximum activity that you can perform is called your "residual function capacity" or RFC.  Upon this RFC Social Security will determine whether or not you can work.  That will also determine whether you are eligible for disability payments.

A residual function capacity will take into account, for example, the following:
  •  how long you can stand/walk during an 8 hour day
  • how long you can sit during an 8 hour day
  • the heaviest weight you can lift and carry occasionally or frequently
  • ability to push and pull with the upper extremities
  • your ability to bend, kneel, crouch, crawl, climb, reach, etc.
  • how long you can concentrate or stay focused
  •  whether you can persist for 8 hours a day and 40 hours a week
How is the residual function capacity developed?  The answer is, in one of two ways:
  1. Your doctor has completed a form which sets the limitations in your ability to function (stand/walk, lift, bend, stoop, concentrate, etc.).  This is the best method because your doctor should have the best idea of your limitations.
  2. The judge or Social Security decision maker will develop a residual function capacity based on how they interpret your medical records and your testimony. This usually happens because your doctor has not submitted a Medical Source Statement that provides an acceptable assessment of residual function capacity.
 Doctors are not permitted to approve or sign up their patients for disability benefits.  That decision is reserved for the Commissioner of Social Security (20 CFR 404.1527(d)(2).  The federal regulation states,  "We will not give any special significance to the source of an opinion on issues reserved to the Commissioner described in paragraphs (d)(1) and (d)(2) of this section."

One of the things your doctor may do, however, is to provide Social Security with his assessment of your functional limitations, which may help decide whether you are able to perform any full-time work activity.

Comments

  1. Charles W. ForsytheApril 22, 2015 at 4:56 PM

    Based on CFR 404.1527, Social Security will ignore doctor's statements that simply say things like: "Mr. Smith is unable to work and should be placed on disability." Again, this decision belongs to the Commissioner of Social Security and no weight is given to a doctor's opinion in this matter. It is much better if the doctor will state, for example, "Mr. Smith can never lift more than 5 pounds, can stand/walk in combination no more than 1 hour out of 8 hours; he can sit no more than 2 hours out of 8 hours and he can concentrate less than 30 minutes at a time." The 3 most important things are: function, function and function.

    ReplyDelete

Post a Comment

Popular posts from this blog

COMPLETING THE FUNCTION REPORT FOR SOCIAL SECURITY

Social Security analyzes a new claimant's ability to perform certain activities.  This helps them to decide whether the claimant is disabled according to their rules.  They use a form called "Function Report - Form SSA-3373-BK" or one very much like it.  Be careful how you answer the questions on this form.  Strive to be accurate but also descriptive.  Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other?  ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare food or meals? 
5 comments
Read more

JUDGE JUDY TIRADES ABOUT SOCIAL SECURITY

Judge Judy Sheindlin has added her two cents worth to the controversy about Social Security.  Judge Judy appeared on a Fox News program hosted by Megan Kelly and said she was tired of people getting Social Security disability because they were "alcoholics and drug addicts," adding to the popular myth that SSDI is "going broke" because of dead beat drug users who refuse to work.  Fox News did nothing to set the record straight. The truth is that by law individuals cannot qualify for SSI or SSDI benefits based on either alcohol or drug addiction/abuse. In 1996, Congress passed Public Law ( P.L. ) 104-121—which terminated benefits for Supplemental Security Income ( SSI ) and Disability Insurance ( DI ) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997. Social Security will currently not award benefits to persons becau
Post a Comment
Read more

TAKE A HARD LOOK AT SOCIAL SECURITY BEFORE YOU FILE!

Considering a Social Security disability claim?  Take a hard look at it before deciding. If you have a choice, you probably don't need to apply. Some things to consider: 1.  It will probably not be an easy or short process.  It will take about 4 months to get your initial decision and 70% of those are denials.  If you must appeal, expect a wait time of an additional 18 months after you file the appeal.  So, you may be looking at 2 years or more in many cases. 2.  You will need good medical evidence.  If you have little or no evidence from a doctor, it isn't likely you will ever be approved. 3.  You cannot apply for SSDI while you are working and earning at least $1,170 a month.  This work will disqualify you.  Many people don't realize they will have to stop working to apply for SSDI.  That's why we say, "If you have a choice, you probably don't need to apply."  If working is an option, it's the best option. 4.  The average SSDI benefit is arou
4 comments
Read more