Skip to main content

GET AN RFC OR MSS FORM

Medical records from doctors are simply not enough to win federal disability benefits these days.  Why not?  For 2 reasons:
  1. The records will not address the severity of your issues in vocational terms.
  2. The records will not address specific functional limitations, such as how long you can sit, stand or walk; how many pounds you can lift, how often you must take a break, or your ability to bend, reach, crouch, stoop, crawl, climb, etc.
There is a simple form that your doctor should complete for you.  It is called a Residual Function Capacity (RFC) form.  Sometimes it is called a Medical Source Statement.  There is an RFC/MSS form for physical impairments and a different RFC/MSS for for mental impairments.

Your doctor probably will not have these forms.  Social Security will probably not be able to provide you with these forms.  You may obtain them (free of charge) from your attorney or representative.  You may also be able to download them off the internet.  Knowing which form to use, however, is important.

A word of caution:  The form must be completed by one of your treating doctors.  The longer the doctor has treated you, the more weight his opinion will be given. You might be able to hire a doctor just to complete the form, but it won't be worth the paper it is written on--because Social Security values the opinions of your doctor because of his/her treating relationship.   OK, two words of caution:  The form also must be completed correctly.  Obviously, if your doctor completes the form without listing any significant functional limitations, it won't help your case.  

Can't your doctor simply write a letter for you stating that you are sick and not able to work?  That would be easier.  But is isn't worth the paper it's written on, because opinions about whether a person is disabled are reserved solely to the Commissioner of Social Security.  Doctors cannot decide who is disabled and who is not.  Did that contradict what I just said about the value of an RFC form?  No, not at all.

An RFC form evaluates your ability to perform specific functions, such as sitting, standing, walking, or lifting (not whether you can work).  These limitations allow Social Security decision makers to reach their own conclusion that you are not able to work.  But it must be their decision, not your doctor's.  So, get the limitations in writing from your doctor, on an RFC form, and help Social Security to draw the right conclusion about your ability to work. If you want a scholarly reading of how Social Security uses your doctor's opinions, you may want to read the Code of Federal Regulations § 404.1527.

Comments

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