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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.

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