SOCIAL SECURITY DISABILITY: HOW THE "FUNCTION REPORT" AFFECTS YOU

When you file a new Social Security disability claim the Disability Determination Service (DDS) will send you some questionnaire forms to fill out. One of these is a 14 page Function Report, which asks in detail about your daily activities. The questions on this form are subtly tricky and may not direct you to explain the true extent of your medical conditions and limitations. This allows the disability claim analyst or judge to much focus upon abilities while ignoring limitations--leading to a denial of your claim.

I have seen Social Security hearing judges try to find a supposed inconsistency between the claimant’s hearing testimony and some answer that the claimant may have answered very poorly on the Function Report.

For example, at lot of claimants are not able to sit for long hours because of conditions like numbness, swelling, back or hip pain, etc). Yet, on occasion these claimants will sit at a home computer to briefly check e-mails or the like. And while such claimants may not sit at a computer for more than say, 10 or 15 minutes at a time or in a day, many claimants will not list that limitation on the questionnaire. If the Function Report asks, "Do you use a computer at home?" - the claimant may honestly check "Yes." The next question will be: "How often do you do this?" The honest claimant say answer, "Daily." The claimant fails to add the comment, "I can sit to use my computer no more than 10 or 15 minutes at a time due to back pain." This lack of explanation may cause the examiner or judge to conclude that the claimant can hold a full-time desk job because of those activities. The claim is then denied. Add your limitations!

Here are some points I always urge my clients to make when filling out their Function Report:

1. Always address your pain or limitations on your worst days, not your best days.

2. Try not to check "Yes" or "No" to a question and leave it at that. Add your limits.

3. Specifically list what your limits are. "Do you prepare meals?" Don't just say "Yes." Add your limitations. For example, "I can prepare simple things in my microwave that doesn't require standing for more than 5 or 10 minutes at a time."

4. The same advice goes for all other activities. For instance: "Can you do household chores?" If you sometimes help with laundry or cleaning--state your limits. For example, "I can do light, easy household chores on some days, but on other days I cannot due to leg pain." Or, "I can do light chores but can't lift anything over 5 pounds and I would need to sit down every 30 minutes and rest for 10 to 15 minutes before I could continue.

5. Turn their form around on them, and state your specific limitations--whether they ask for them or not. Limitations help YOU. Activities help Social Security deny your claim.

6. Before turning in your Function Report, get your spouse or family member who observes you day-to-day to review your answers. A lot of times, the family member will read the Function Report and exclaim, "Are you kidding? You never take out the trash because you say it hurts your back!" Family members are often more accurate than claimants.

If the Forsythe Firm represents you, we will review your Function Report to be sure your answers are complete, thorough and properly phrased. This could make the difference between approval and denial. There is no charge for this service.

Call the Forsythe Firm at (256) 799-0297 for a free consultation today.