Winning Your Case by Proving Residual Functional Capacity of “Less than Sedentary”
Proving that your residual functional capacity is less than sedentary is a powerful strategy that you can use to win your Social Security disability case. Other strategies include meeting a listing or meeting a grid. A functional capacity argument is most often used at a Social Security hearing, and it is by far the most flexible strategy and one that is used to win more cases that any other argument.
Work Capacity Limitations - What SSA is After
As discussed elsewhere in this web site, the big picture in your Social Security case has to do with proving to Social Security that you cannot function at any job. This focus on vocational capacity is ingrained throughout the Social Security disability process. At disability hearings, most SSA administrative law judges call vocational experts as witnesses to describe your past work and to discuss any other work you might be able to do.
In many ways, your disability case has less to do with your medical diagnosis and more to do with your capacity for work. You should keep this focus on work capacity in mind as you answer SSA’s forms and as you prepare for you hearing.
Residual Functional Capacity -
What It Is and How It Works
The legal term for reduced work capacity is “residual functional capacity.” Residual means that which is left over. Functional looks to your ability to perform in a work or work like environment and capacity means your ability to perform in a competitive work environment. So, if your residual functional capacity is less than sedentary, it means that you do not have the ability to perform even a simple, sit down, unskilled job 8 hours a day, 5 days a week.
You can prove that your residual functional capacity (also known as your RFC) is less than sedentary by introducing opinion evidence from your treating physicians. Social Security judges give this opinion evidence more weight if it comes from a long time treating physician and if it is consistent with your medical treatment records.
Most experienced disability lawyers have their own version of an RFC form (usually modeled after the RFC forms used internally by the Social Security Administration, or you can purchase an RFC form online.
RFC forms generally consist of 15 to 25 questions for your doctor to describe how you might perform various tasks. Your doctor will be asked to comment about your exertional capacity and your non-exertional limitations. Exertional capacity has to do with your physical abilities - things like standing, walking, lifting and carrying. Non-exertional impairments have more to do with things like pain, endurance and concentration.
The Residual Functional Capacity Form
RFC evaluations can be customized for specific medical conditions such as fibromyalgia or heart failure, or they can be general physical RFC forms and mental health RFC forms. If your lawyer is willing to draft a custom RFC that is usually a sign that you have a good lawyer.
Although many lawyers wait until shortly before the hearing to submit an RFC evaluation, there is no reason why you should not submit one early on in your case. Since an RFC is a snapshot of your work capacity as of a certain date, you should be prepared to introduce several RFC forms during the course of your case, especially if your condition changes while you are waiting for your hearing.
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