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YOU CAN'T WIN WITHOUT A PROPER "RESIDUAL FUNCTIONAL CAPACITY"

 You're trying to get benefits from Social Security because you are disabled.  They may not believe you.  In fact, they will deny 70 percent of all claims.  There's one thing that can help you win on appeal.

What is a "Residual Functional Capacity" or RFC?  

RFC simply means the amount of work you are still able to do in spite of all your impairments.  

Where does the RFC come from?

In a worse case scenario, Social Security makes up their own Residual Functional Capacity (RFC).  This often results in denial.

In a better scenario, the claimant's own doctor provides an RFC opinion.  This can really help win the case.

Here are some facts you need to know about the RFC opinion from your doctor:

  • It must come from your doctor who knows you and has treated you for awhile.
  • It must be specific and on the correct form.
  • Letters from doctors don't work; get the right form for your doctor to complete.
  • Understand that your doctor may only provide an "opinion."  The doctor cannot approve or "sign you up" for disability benefits.
  • In most cases, the RFC opinion must be signed by a MEDICAL DOCTOR, not a nurse practitioner, counselor, therapist, chiropractor or social worker.  
  • The opinions expressed must be those of the doctor, not the patient's opinions written on an RFC form.
  • Medical records from your doctor will not contain a residual functional capacity (RFC).  You must ask for this special.
  • The doctor completing the RFC should not refer you out to another doctor or specialist to complete the form.  The value of the opinion comes from the fact that it is an opinion of your treating physician who knows you well and has had months or years to observe your medical history, conditions and how they impact you.  A new doctor cannot know this and cannot give you a useful RFC opinion.

 A USELESS "RFC" THAT DOES YOU NO GOOD:

Doctor says, "I have treated Mr. Patient for 12 years and he suffers from degenerative arthritis, migraine headaches and heart problems.  It is my opinion that Mr. Patient is totally disabled and unable to work at any job."  (Doctors are not permitted to draw this conclusion under law).

EXAMPLE OF A MORE USEFUL RFC

"Mr. Patient will be restricted in the following activities:

He can sit for up to 30 minutes at a time or up to 4 hrs. per 8-hr. day. 

He can stand for 15 minutes at a time and p to 2 hours per 8-hr. day.

Is restricted to lifting/carrying no more than 10 pounds occasionally.

Will require a 10-15 minute break every hour due to back and leg pain.

Is expected to be off task at least 20 percent of a work day.

May use his dominant right hand occasionally for overhead reaching.

    These are the types of SPECIFIC restrictions that can help Social Security decide whether there is any work that you can still perform. 

    Finally, the RFC opinion must come from a doctor who has actually treated you and examined you over a relatively substantial period of time. It is up to the claimant or their attorney to get the RFC form from the doctor and submit it to Social Security.  Social Security almost never obtains the RFC opinion on their own, and certainly not from your own doctor.  (An RFC from one of Social Security's doctors almost never helps your case).

 


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