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IT'S ABOUT FUNCTION, NOT DISEASE.

  • Writer: The Forsythe Firm
    The Forsythe Firm
  • Dec 14, 2020
  • 2 min read

When Social Security evaluates a disability application, they look for one thing: How limited is the claimant's ability to function?


How long can he/she sit, stand or walk? What is the maximum he can lift and carry? How often can she bend, reach, stoop, or kneel? How many breaks will she need during an 8-hour workday? Does he require an unlimited sit/stand option at work? Do the feet need to elevated while seated?


Is the applicant able to understand, remember and follow simple instructions? How about the ability to follow normal work routines and procedures? Will the applicant be able to respond appropriately to co-workers and supervisors? How much would pain, anxiety or depression cause the applicant to be off task at work?


These are a few examples of the ability to function.


The court will not take a claimant's word for these limitations. They will ask for testimony about these functions, but will want the claimant's statements back up by medical evidence or a doctor's opinion.


3 WAYS YOU PROVIDE EVIDENCE ABOUT YOUR FUNCTIONAL LIMITATIONS:


A. You will answer a lot of questions about your functional ability when you complete the FUNCTION REPORT, which is part of the application. Many claimants skip this form or fill it out haphazardly. This is a mistake. This form is your first report about your restricted ability to function, a key to winning benefits. Take the Function Report seriously.


B. You will answer a lot of questions about your ability to function when you appear at your hearing. The judge will ask about such things as your ability to bathe, dress, shop, prepare meals, care for your kids, do housework, drive, use a computer (Facebook), etc. Conclusions will be drawn from your answers.


C. You may ask your treating doctor to provide his/her professional opinions about your ability to perform certain functions. There's a form used for this purpose, called either a Treating Source Statement or Residual Functional Capacity (RFC) form. Doctors do not have these forms, so get one from your attorney or representative. Take it to your doctor and ask him/her to complete it, sign it and return it to you. You may then provide it to your attorney to be included in the evidence file.


Social Security will evaluate all of the evidence about your functional limitations, to see whether.....


  1. You can perform Sedentary level work

  2. You can perform Light level work

  3. You can perform Medium level work, OR

  4. You are not able to perform work at any exertion level.

The answer to these questions will determine if you are disabled under Social Security's rules and whether you can get a disability benefit.


Disability cases are often lost because the claimant fails to prove his/her inability to perform specific functions that are required in the workplace. Your attorney knows how to do this and will use every opportunity to establish your functional limitations.


So, having a certain disease or medical condition is not enough to get your benefits. It's all about how your medical condition limits your ability to function.




 
 
 

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