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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.

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