Using the Functional Capacity Argument
to Win Your Disability Case

Judges almost always base their decisions for awarding Social Security benefits on the work limitations brought on by a claimant’s medical condition. The claimant’s capacity for work, known as “residual functional capacity (RFC),” is a legal determination. If the Judge finds that your RFC has been so compromised due to physical or mental problems that you cannot function in a competitive work environment, then you will win your case.

The RFC argument, therefore, is a means of proving to Social Security that based on your medical impairment(s), your capacity to work is severely compromised and you cannot work. The factors in a RFC argument are extensive, but here are some major elements:

• A major medical problem that causes severe limitations
• Other problems that may not be severe enough to support disability on their own, but when added to other problems, they create severe activity limitations.
• Side effects of medicines, which may include poor concentration, digestive problems, nausea, depression and anxiety. These side effects can also be factors in an RFC argument.
• Depression and anxiety arising from your physical health condition.  I find that claimant’s often develop deep depression after they have been suffering from a serious medical illness for a while (cancer, for instance).  These mental health conditions can make your ability to work even more compromised.

Rather than just considering your medical condition, Social Security also looks at whether your condition affects your ability to work. For example, you may have severe diabetes, a herniated disk, and depression, but if a physician will not testify that these medical problems will prevent you from performing a full-time, unskilled job, then you will not win your case.

How the RFC Argument Works

The best thing to do for a RFC argument is to prove that the client would not be able to do the simplest, most low-stress job in the job market. Some jobs that are considered the easiest include:

• foil wrapper
• hand packer
• textile inspector
• surveillance system monitor
• small parts assembler

Judges trying Social Security cases usually require vocational experts to testify in hearings regarding the claimant’s work history and what work they would be capable of doing as a result of the claimant’s present condition. I would need testimony, and an RFC form, stating that even a job like the ones listed above would be too much for the client to handle.

Similarly, if your pain is so severe that it leaves you incapable of performing simple tasks or the depression associated with your condition reduces your capacity to deal with work-related stress, then there are no jobs that you could do.

One of the best methods to show reduced work capacity is to provide a functional capacity checklist. You can ask your doctor to fill out the checklist. If the physician is unsure of how to fill out the form, then the lawyers representing you can explain the form and why you need certain questions answered. The lawyer will also know which questions will be most likely to win the case. The physician will have to fill out the form according to his or her opinion.