CHANGES IN SOCIAL SECURITY REGS: July - Several areas of disability law have new regulations this year. We are available to conduct workshops or short training meetings on these changes or any area of Social Security disability law. There is no charge for this. Please call our office to make arrangements. Check our blog!


July 2009

 

Social Security Disability Newsletter

 


RFC - The Key to Proving Disability
RFC is shorthand for a concept known as “residual functional capacity.”

 

RFC is shorthand for a concept known as “residual
functional capacity.” It is a buzz word often heard when discussing Social Security disability regulations.

The RFC is, at its simplest level, the capacity that remains of a person’s ability to work full-time. If a claimant cannot return to former work, the next question is whether there is RFC to allow performance of any other job available in the nation’s economy.

Jobs are classified by the Department of Labor into exertional levels: sedentary, light, medium, and heavy, based on required lifting, standing, walking or sitting.

A clerical worker regularly lifts and carries 10 pounds or less, and can move between sitting and standing. In contrast, an ironworker or garbage man might have to regularly lift and carry 50-100 pounds and be walking all day.

Often the RFC is established by having the treating physician fill out a form, available from our office, stating what limits the person has in lifting, walking, standing and sitting. Other useful information includes whether the person can lift a weight repetitively, and whether the person must rest after certain activities.

An important exception is a disability that is based on mental illness. These are known as “non-exertional impairments.” Such an impairment eliminates strict consideration of a case under the physical RFC standards, but other questions arise.

  • Can the claimant follow directions, get along with coworkers, follow supervision, concentrate, attend to detail, follow a normal pace of work?
  • Is there sustained capacity to work on a predictable basis?

Sometimes literacy or ability to communicate in English can be factors.

Some cases present a combination of exertional and non-exertional limitations, and in such cases the judge is to make an individual determination of the claimant’s abilities.

RFC is perhaps the single most important part of the evidence in the claim for benefits. If the health care provider does not provide this information in a clear manner, a judge can call an independent doctor to come to the hearing and decide the limitations based solely on a review of the paper medical records. This is far inferior to having the opinion of a treating physician.

Sometimes doctors believe the medical records “speak for themselves.” This is a fatal error in preparing a disability claim, where limitations must be clearly spelled out by the treating doctor in the “magic” words that fit into the disability regulations.


Social Security Disability and SSI resource

 

DISCLAIMER - This web page is a resource containing general information which is intended, but not guaranteed, to be correct and current. Do not rely on information on this site in place of the advice of an Attorney. Visitors should consult an attorney to address their legal concerns. You should not consider this information to be an agreement for an attorney-client relationship. You should not rely on information provided here as constituting legal advice. Contacting us through this web page or e-mail does not mean you have contracted for representation by this office.  We are not engaged in your representation until you sign a contract with us.  Licensed attorneys may practice Federal Social Security and SSI Disability in any state. Copyright 2007-2009 Sarah Patterson