RESIDUAL FUNCTIONAL CAPACITY & SSD

WHAT IS RESIDUAL FUNCTIONAL CAPACITY?

Residual Functional Capacity (RFC) is one of the most important concepts in your Social Security benefits case. The reason it is so important is your RFC can make the difference between winning or losing your SSDI and SSI benefits. If you can prove that your RFC prevents you from working, then you win benefits. So, what is your RFC?

The RFC is the medical assessment of what you can physically and mentally do in a work setting. It is the definition of your functional limitations after taking into account all of your medical conditions and your symptoms.

Your RFC includes both your physical and mental limitations. In terms of physical limits, the SSA defines your ability to sit, stand, walk, and lift, during the course of an 8 hour workday. Likewise, the SSA will include your ability to carry, pull, and push. Learn how the SSA defines work.

RESIDUAL FUNCTIONAL CAPACITY FINDINGS COME FROM YOUR MEDICAL RECORDS

In order to figure out your physical RFC, the SSA will examine your medical records. They will take into account what your doctor states in your medical records. Also, the SSA will review any statements from your doctors about your ability to work.

Additionally, they have their own doctors that review your medical records. These doctors never meet or examine you. Also, they are paid by the government and work for DDS, the state agency who reviews all cases. The SSA will take the medical opinion of these doctors into account too. Likewise, if they need more information, they may send you to an exam with one of their doctors. Learn what to expect at the SSA’s doctor exam.

The SSA will also consider descriptions about your limits from your family, neighbors and friends. Find out what types of evidence the SSA must consider. For example, your family or friends could write a statement about your mental and physical symptoms. Find out how RFC, along with age, can keep you from working. Also, learn about SSA’s Medical Vocational Guidelines.

HOW DOES THE SSA FIGURE OUT YOUR RESIDUAL FUNCTIONAL CAPACITY?

In order to determine your RFC, the SSA first looks to the medical evidence in your case at step four of the SSA review process. That is why it is so important for the SSA to have all of your medical evidence. It is your “burden” or responsibility to provide all of your medical evidence to the SSA.

Typically, hiring a lawyer to help you do this is a wise choice. You can also obtain your medical evidence for free.  If you do not have enough medical evidence for the SSA to make a decision, then they will arrange for you to visit a doctor that they chose. This visit to the doctor for an exam does not cost you any money.

An SSA doctor exam can be done for your mental and your physical conditions.

THE SSA’S PHYSICAL DOCTOR EXAM

For example, if you have physical issues, the SSA can send you to see a medical doctor. Lately, however, they have been sending our clients to see a physical therapist. Either way, the point of the visit is for the doctor or physical therapist to document your physical limits.

Therefore, if you use a cane in daily life, make sure you use it when you visit the doctor. Likewise, make sure you tell the doctor about your pain and if you are having problems with your ability to sit, stand, and walk. If the doctor asks you how much you can lift, tell her about the pain you experience with lifting.

The medical exam is a chance for you to let the SSA know about your limits. There is not cost for you to attend these exams. However, if the SSA schedules you for an exam and you fail to attend, then your case will be denied. Learn about SSA doctor exams.

THE SSA’S MENTAL DOCTOR EXAM

In addition to a physical exam, the SSA can send you to a mental exam. Typically, the SSA will send you to visit a psychologist. This is at no cost to you.

At the exam, the psychologist will ask you many questions about your mental health. If you have mood issues or anxiety, make sure you tell the doctor about your symptoms.

For example, people with low mood or anxiety discuss symptoms such as insomnia and panic attacks. Often, people at the exam talk to the doctor about their memory problems, crying spells, and fatigue. Additionally, you may have a lack of focus and not be able to complete tasks. You can learn about the mental abilities you need to perform unskilled work.

The psychologist may also perform testing. For example, you may be subject to I.Q. testing or a memory test. These tests tell the doctor and the SSA if you would have trouble with memory, concentration, or learning new tasks. Additionally, the tests can show trouble with skills, such as reading or doing math.

YOUR RESIDUAL FUNCTIONAL CAPACITY IS BASED UPON YOUR OWN STATEMENTS

One of the other things the SSA considers when determining your RFC is your statements on the forms you fill out for them. For example, when you apply you fill out forms about your past work. You also fill out forms during the appeals process about what you do during the day.

Your answers on these forms are often some of the most important statements you make. If you state on your Work History form that you lifted nothing on the job, then that is what the SSA assumes is correct.

BE SMART WHEN YOU FILL OUT YOUR WORK HISTORY FORM

Frankly, there are no jobs where you lift “nothing.” But for some reason, many people write that down as an answer. Even desk jobs require some lifting. You might, for example, lift files, boxes of paper, books, or supplies. The SSA wants to know what you lifted on the job.

Think about it. Failing to tell the SSA about the lifting you had to do on your past jobs makes it easier for them to return you to your past jobs. In other words, you are making it easier for them to deny your case. You don’t want that.

WHAT DID YOU DO AT YOUR PAST JOBS?

The SSA will also want to know if you sat or stood on your past jobs. For example, you will need to state whether you stood behind a counter, like a cashier. Or, you will need to write that you sat at a desk, like a secretary.

It is important to outline what you did on SSA’s forms. The forms also ask if you know how to use tools. Also, they ask about your skills. For example, skills include the ability to write, read diagrams, or create spreadsheets. Skills can also include problem solving or making decisions. Another skill could be being in charge of other people. These questions about skills are on SSA’s forms.

LIFTING LIMITATIONS

Likewise, when you write down that you can only lift 20 pounds, you are actually stating you can lift 20 pounds repeatedly throughout an 8 hour work day. You don’t know that, because no one tells you.

But whatever you write down on the forms about your ability to lift is what the SSA will use to place you (hypothetically) in a job. If you write down that you can lift 20 pounds, then you may think the SSA will take it to mean you can lift that amount once. However, you would be wrong.

ACTIVITIES OF DAILY LIVING FORM

If you write down that you can lift 20 pounds on your Activities of Daily Living form, then the SSA will believe you can lift 20 pounds over and over for 8 hours a day.

There are thousands of jobs the SSA believes are available to you with that RFC. Being able to lift 20 pounds means you can perform jobs in the light and sedentary category. There are over 200,000 jobs in the national economy in those categories.

If you have back pain from a back operation, then your doctor may have told you to never lift more than 25 pounds. That is a lifetime rule the doctor wants you to follow so you do not injure your back. However, that rule is not your RFC.

If the SSA asks you about what you can lift, then you need to answer the question as to what you believe you can lift over and over again throughout an 8 hour work day. Think about what you can actually do all day before you answer SSA’s questions. Because they will hold you to your written answer.

RESIDUAL FUNCTIONAL CAPACITY EVALUATION

The RFC determines your ability to work and perform all the activities of work at a particular level. The different categories of work are seated, light, medium, heavy, and very heavy. Each level of work has a specific definition. Seated work demands are less than light work demands, which are, in turn, less than medium.

THE THREE CATEGORIES OF WORK

Below you will find the SSA’s definitions of three categories of work:  sedentary, light, and medium. These will be the most likely be the categories of work that the SSA will use to determine your residual functional capacity.

Another thing to consider is whether the SSA will consider whether or not you have more than one impairment. The answer is yes. The SSA will consider all of your medically determinable impairments. This includes your medical conditions that are not “severe.”

The SSA’s rule require them to look at the combination of all of your medical conditions. It is important, when an ALJ determines RFC, for the judge to include your severe impairments and even those that are not severe. Find out about the ALJ options.

SEDENTARY WORK

Social Security Ruling 83-10 defines sedentary work as involving lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools.

Although sitting is involved, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met.

By its very nature, work done in a seated position does not require significant stooping. Most unskilled sedentary jobs require good use of the hands and fingers for repetitive hand-finger actions.

“Occasionally” means it occurs from very little up to one-third of the time. Since being on one’s feet is required “occasionally” at the sedentary level of exertion, periods of standing or walking should total no more than 2 hours of an 8-hour workday.

Sitting should generally total about 6 hours of an 8 hour workday. Work at specific jobs will dictate how often and how long a person will need to be on her feet to obtain or return small articles.

LIGHT WORK

SSA’s regulations define light work as lifting no more than 20 pounds at a time. It also requires frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted in a light job may be very little, a job is in this category when it requires a good deal of walking or standing.

That is the primary difference between sedentary and most light jobs. A job is also in this category when it involves sitting most of the time but with some pushing and pulling of  hand or foot controls, which require greater exertion than in sedentary work. Examples are mattress sewing machine operator, motor-grader operator, and road-roller operator.

UNSKILLED WORK

Relatively few unskilled light jobs are performed in a seated position. “Frequent” means it occurs from one third to two thirds of the time. Since frequent lifting or carrying requires being on one’s feet up to two thirds of a workday, the full range of light work requires standing or walking for a total of 6 hours in an 8 hour workday. Sitting may occur on and off during the remaining time.

The lifting required for the most light jobs can be done with occasional, rather than frequent, stooping. Many unskilled light jobs are performed primarily in one location. Learn information about jobs skills.

In these jobs, the ability to stand is more critical than the ability to walk. The jobs require use of arms and hands to grasp and to hold and turn objects. Generally, light jobs do not require use of the fingers for fine activities to the extent required in seated work.

MEDIUM WORK

SSA’s rules define medium work as lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pounds. A full range of medium work requires standing or walking, off and on, for a total of approximately 6 hours in an 8-hour workday.

Also, medium work requires frequent lifting or carrying of objects that weigh up to 25 pounds. As in light work, sitting may occur intermittently during the remaining time.

Use of the arms and hands is necessary to grasp, hold, and turn objects. As opposed to the finer activities in much seated work, which require precise use of the fingers as well as use of the hands and arms. The amount of lifting required for the full range of medium work usually requires frequent bending and stooping.

STOOPING AND BENDING WITH MEDIUM WORK

Stooping is a type of bending in which a person bends his or her body over and forward by bending the spine at the waist. Flexibility of the knees as well as the torso is important for this activity. Crouching is bending both the legs and spine in order to bend the body down and forward. You need to be able to do these movements in order to perform medium work.

However, there are relatively few occupations which require exertion in terms of weights that must be lifted at one time. And also few positions which involve the equivalent exertion in pushing and pulling. Most of these jobs are done in a sitting position. Examples include taxi driver, bus driver, and truck driver. All of these jobs require some skills. However, driving is a skill that does not transfer to other jobs.

In most medium jobs, being on your feet for most of the day is critical. Being able to frequently lift or carry of objects that weigh up to 25 pounds is often more critical than being able to lift up to 50 pounds at a time.

EXERTIONAL IMPAIRMENTS

The classification of a limitation as exertional is related to the Department of Labor’s classification of jobs by exertional levels. As above, those levels are sedentary, light, medium, heavy, and very heavy.

Each job level is defined in terms of the strength demands for the job. Strength demands include sitting, standing, and walking. It also includes lifting, carrying, pushing, and pulling. Exertional requirements or physical abilities are what makes up the residual functional capacity.

NON-EXERTIONAL IMPAIRMENTS

The harder question is – what are “non-exertional” impairments? The SSA defines them as follows:  restrictions which affect your ability to meet the demands of jobs other than the strength demands. For example, demands other than sitting, standing, walking, lifting, carrying, pushing or pulling, are considered “non-exertional.”

Some examples of non-exertional limitations include the following:

• (i) You have problems at work because you are nervous due to anxiety or depression;
• (ii) You have trouble paying attention;
• (iii) You have problems understanding instructions;
• (iv) You have trouble seeing or hearing;
• (v) You have problems with certain work places, because you cannot handle dust or fumes
• (vi) You also have memory problems.

The law requires the SSA to look at all of your impairments to determine your RFC.  Non-exertional limits can occur with breathing problems, such as asthma and COPD. Find out about asthma SSD benefits. Likewise, learn about COPD SSD benefits.

MENTAL RESIDUAL FUNCTIONAL CAPACITY

The mental RFC is the same thing as the physical RFC, except it is about your mind. For example, your mental RFC includes how many minutes you can concentrate at one time. It also includes how often during a normal day you have memory problems.

Likewise, your ability to focus on work tasks will be part of the equation. Additionally, the SSA will also consider your ability to deal with stress, other workers and your boss. Find out about the mental function you need to do unskilled work.

WHO DETERMINES RESIDUAL FUNCTIONAL CAPACITY?

One option for deciding your RFC involves an SSA worker. The SSA worker works for DDS. DDS organization evaluates all Social Security claims.

DDS reviews your medical record. They also review the opinion of a medical consultant, a DDS doctor. DDS hires the medical consultant. Instead of doing an exam, the doctor only reviews your records.

Remember, DDS does not have access to all of your medical records. You need to give them to the SSA. If you do not provide them, then DDS does not have them.

The DDS doctor will identify how and if your current limitations prevent you from working. In other words, the DDS doctor will outline your RFC by looking at your records. DDS can also look at your RFC if they are trying to determine medical improvement. This occurs when they are trying to take away or cease your benefits.

Additionally, you also have the option to have a Residual Functional Capacity form filled out by your treating doctor. Your treating doctor knows the most about your medical condition and the impact it is having on your ability to work.

The SSA will take the opinion of your doctor seriously. They will consider it when deciding whether they should pay you benefits. Overall, having the help of your doctor increases your chances of winning benefits.

HOW CAN THE RESIDUAL FUNCTIONAL CAPACITY HELP YOU WIN DISABILITY BENEFITS?

The residual functional capacity is what is “found” at step four of the five step disability review process. While DDS determines your RFC at the lower levels of your claim. Once the case moves to the a hearing, it is the ALJ who will determine your RFC. Your RFC can help you win benefits by showing that you cannot sustain a job 40 hours a week. Learn about Social Security hearings.

In order for the ALJ’s RFC assessment to comply with SSA’s rules, the RFC must include a narrative discussion. The discussion must describe how the evidence supports each conclusion. Also, it must cite specific medical facts (e.g., lab findings) and other evidence (e.g., daily activities).

HOW THE JUDGE ASSESSES RESIDUAL FUNCTIONAL CAPACITY

The ALJ must discuss your ability to perform work activities in an ordinary work setting on a regular basis (i.e., 8 hours a day for 5 days a week).

Also, the ALJ must describe the maximum amount of each work related activity that you can perform based on the evidence in the case record. The ALJ must also explain how any problems in the evidence was considered and resolved.

In all cases in which symptoms, such as pain, are alleged, the RFC assessment must:

• Contain a complete discussion and analysis of the medical and other evidence, including complaints of pain and other symptoms and the judge’s personal observations;
• Resolve any issues in the evidence as a whole; and
• Set forth a logical explanation of the effects of the symptoms, including pain, on the ability to work.

For more information about how the SSA assesses the residual functional capacity, read Social Security Ruling 96-8p.

TREATING DOCTOR STATEMENTS

Your medical records may contain your diagnosis and document your symptoms. But chances are that your medical records do not contain your RFC. In order to outline your RFC, you should ask you doctor to fill out a form containing your limits. Likewise, your doctor could write a letter about your RFC.

The RFC states how much you can lift and how many minutes you can sit at one time before you need to stand up. Also, your doctor should explain how many minutes you can stand at one time before you need to sit down. If you need to lay down during the day, your doctor should include that information. If you have trouble using your hands to handle small objects, then your doctor should say so in your medical records. Learn about the use of the hands and fingers in our article on carpal tunnel syndrome.

PSYCHOLOGICAL RESIDUAL FUNCTIONAL CAPACITY STATEMENTS

Mental conditions can also be part of your RFC. If you have a treating psychologist or counselor, they can complete an RFC form. Likewise, they can write a letter about your limits. Your mental RFC includes how many minutes you can concentrate on a task, like reading or following instructions.

If you have memory problems on a daily basis, then your counselor can document it. Also, if you have trouble getting alone with other people, then this is part of your RFC. Almost all jobs require the ability to get along with other workers, bosses, and even the public. Mental issues can interfere with your ability to get along with others. Make sure your doctor documents these symptoms to help your case.

If your doctor has done a good job of writing down your physical and mental symptoms, then this will carry a significant amount of weight when the SSA defines your RFC.

The SSA does not tell you that you can ask your doctor complete an RFC form about you. While some doctors may not want to help. There are many other doctors will assist their patients with this task. Having your own doctor complete an RFC on your behalf  improves your chances of winning benefits.

THE ADMINISTRATIVE LAW JUDGE

Once DDS reviews the claim and denies it, then it is time to request a hearing. After you request a hearing, your file, which contains your medical records up to that point, moves to the Office of Hearings Operations. Then, the SSA will schedule a hearing with a judge. However, it can take from six months to a year for them to schedule a hearing.

Seven days prior to your hearing, you will need to submit all updated medical records in your case. You will need to update the medical records because SSA does not collect your records between the time that DDS reviews your case and the date of your hearing. The SSA judge reviews your medical records and the SSA file before you have your hearing with him or her.

HEARING QUESTIONS ABOUT YOUR RESIDUAL FUNCTIONAL CAPACITY

At the hearing, the ALJ will ask you questions about your RFC. Find out what questions the ALJ will ask at your hearing. The judge will decide your RFC. Then, using the regulations, the judge will determine whether you can return to your past work.

Remember, your past work is largely defined by what you report. Let’s say you report your past job required “no lifting.” Then, the judge determines you can lift 10 pounds. Because of your report, it is easy for the judge to find you can perform your past work.

If the judge determines you cannot perform your past jobs, then the judge will prepare a question for a vocational expert. The question will include your RFC. This is where proper medical records about your RFC comes into play. Learn information about the job expert.

If your RFC limits you to less than seated work with no skills, then there are no jobs you can perform. Another way to look at it is:  if your RFC shows you cannot complete an 8 hour workday, then you cannot work. For example, if you need to lay down during the day for 2 hours, then you will lose your job. No employer will put up with 2 hours of sleeping during the work day. Thus, you cannot work.

WE CAN HELP PROVE YOUR RESIDUAL FUNCTIONAL CAPACITY 

If you cannot work, then your SSD case will dictate the money you have for the future. You need to hire a law firm that cares about your future benefits. Cannon Disability Law is one of the best firms in the country. We are also one of the best Social Security law firms in Las Vegas, Nevada.

The lawyers at our law firm are also members of the National Organization of Social Security Claimant’s Representatives. Learn about Utah SSD benefits and Nevada SSD benefit information. If you are from California, then we have California SSDI and SSI information. We also have Idaho SSD benefit information and Colorado benefit information. However, we can represent you no matter where you live.

LEGAL EXPERIENCE WINS BENEFITS

There are many important issues, like your RFC, that play a large role in your SSDI and SSI case. You need a lawyer who understands those issues. You also need an attorney who knows the law. WE want to be your legal team. Hire us for our decades of legal experience. Over the last 30 years, we have won over 20,000 SSDI and SSI claims.

Another important factor to consider is what it costs to hire an attorney. We are affordable. You do not pay an attorney fee until we win your case. The attorney fee comes out of your back benefit. If we do not win your case, then there is no back benefit. Therefore, you will not owe us an attorney fee if we do not win your benefits.

WHAT DOES IT COST TO HIRE AN ATTORNEY WITH EXPERIENCE?

How much is the attorney fee? It is 25% of your back benefit. But, the fee is capped at $9200. You do not pay more than the current cap. And, 25% is usually less than the attorney fee cap. You will pay either 25% of the back benefit or the cap. If you win, then you pay whichever amount is less between the two.

For example, if your back benefit was $100,000, our attorney fee would be $9200, not $25,000. Or, if your back benefit was $10,000, then you would pay 25% of the back benefit. That would be $2500.

YOU PAY THE COST OF MEDICAL RECORD COPIES

If there are costs in your case, then you pay for those costs. But the costs are usually less than $100. You must also pay to obtain a copy of your medical records. The cost of your medical records is whatever your doctor charges for them.

You owe costs whether we win or lose your case. But, to hire most lawyers, you have to pay a fee upfront. However, you can’t do that because you don’t have a job. We understand. Which is why you only pay an attorney fee to us if we win your SSDI and SSI case.

MORE ABOUT OUR LAWYERS AND STAFF

At Cannon Disability Law, we can help you apply for benefits. In our office, we have trained staff who will help you complete your application. Usually, we help you file your application on Social Security’s website. You can learn about our lawyers and staff on our About Us page.

If you receive a denial, then we can help you appeal it. Likewise, if your case goes to hearing, then we represent you at your hearing before an SSA judge.

One of the things we do is help you testify at your hearing. We meet with your before the hearing. At the meeting, we talk about what questions you need to answer. Also, we talk about how to answer those questions. Find out what questions the judge will ask at the hearing.

WE PRACTICE SOCIAL SECURITY LAW EXCLUSIVELY

There are many law firms that claim they practice Social Security law. However, most of those firms do other types of cases. For example, some firms practice personal injury or Worker’s Compensation law. We don’t do that.

Our firm only takes SSDI and SSI cases. We don’t practice any other kind of law. Our firm believes it is important to focus on Social Security cases. By doing so, we have become experts in Social Security benefits.

It is hard to trust your future to a lawyer. We understand. That is why we include information about our attorneys on our website. Dianna Cannon has been helping people win benefits for the past 30 years. She has written a book about Social Security law for other lawyers. Brett Bunkall and Andria Summers have over 30 years of legal experience. They work hard for our clients every day. We focus on the law. Find out about theclawyers and staff at our law firm on our About Us page.

HIRE A LAW FIRM WHO WILL FIGHT FOR YOUR BENEFITS

Our goal is to win your case. We do win cases prior to the hearing stage. However, we also win cases at the hearing level. If you do not win your case at the hearing, you can appeal. There are only a few appeal options. If necessary, we can appeal your case to the Appeals Council.

If the Appeals Council denies review, then we can file an appeal in Federal Court. Hopefully, your case will never go that far. In order to fight government agency decisions you need a good lawyer. If you need help at any level of your case, then call us.

PROVE YOUR RESIDUAL FUNCTIONAL CAPACITY (RFC)

Proving your RFC is only one element in your Social Security case. In order to in win your benefits, you can prove that you meet or equal a listing. If you do not win with a listing, then you can try to win your case with the job expert at the hearing. There are many complex Social Security laws. And, they all apply to each case.

However, we know your case is different than anyone else’s case. You may have breast cancer or scoliosis in your spine. Or, you may have a rare disease. Even if you don’t have a rare disease, your symptoms are stopping you from working. We know it is difficult. No one wants to face the SSA alone. Especially when you are not feeling your best and you don’t have a job.

TEAMWORK AND EXPERIENCE WIN BENEFITS

The best thing about hiring us is we take care of your case. We have experts who will help you apply for SSDI and SSI benefits. If you need help filing out SSA’s paperwork, we will help you fill out the forms. We help you collect your records. Also, we appeal any SSA denial. If your case is denied, then we request your hearing.

Then, we prepare you for court. Preparation for court requires review of your records. It also requires preparing you as a witness. We help you testify about your condition and we explain the questions the judge will ask you in court.

WHY YOU SHOULD HIRE OUR LAW FIRM

Before the hearing, we review your physical and mental conditions. That way you can explain how you are not able to complete a full workday because of your medical conditions. Even though every judge is different, all of the questions revolve around whether or not you can work.

Prepare yourself to answer questions about your physical and mental health. If you hire us to represent you, then we will give you a list of questions to prepare you to testify. Additionally, we will review your answers with you. This will help you know that you are ready for your hearing.

It is important for you to understand the judge’s questions. You need to be able to explain your physical and mental conditions. We work with you. Our job is to help explain your symptoms. You have to prove why you can’t work. We help you do that. That is why we say we are working as a team.

It takes a team effort to get through the SSA’s forms and whatever trick questions the judge might ask. Now is the time to ask for help. Don’t go it alone. We offer a free review of your case. Even if we review your case, there is no pressure to become our client. You can call and ask questions. Contact us. We will help you prove your residual functional capacity to the SSA.