How to Use a Functional Capacity Argument
to Win Your Social Security Disability Case
When presenting an RFC argument, my main goal is to demonstrate to the judge that you would not be a reliable worker at even the easiest, sit-down, low stress job that exists in the national economy. In most hearings, Social Security judges hire vocational experts to testify about your past work and about what you might be able to do given the limitations that arise from the evidence presented at your hearing.
Limitations arising from severe and chronic back pain fall into two categories - exertional impairments and non-exertional impairments.
The term “exertional impairment” refers to phyisical limitations, such as lifting, carrying, sitting, standing, walking, balancing and stooping. The term “non-exertional impairment” refers to pain.
Generally, the core issue presented in an RFC argument looks to your reliability at a simple, unskilled job. For example, if you have exertional impairments that include no more than 10 minutes sitting at a time, and no more than 7 minutes standing and walking at a time, with no more than 2 hours total standing during a day and no more than 2 hours standing and walking during a day, there is no way you could sustain competitive work 8 hours a day.
If the easiest job in the national economy is an unskilled, sedentary (sit down) job with a sit/stand option, a job that does not require repetitive use of the hands, a job that is not production based and does not involve significant interaction with co-workers or supervisors, I need an RFC form that says even a job like this is too much for my client.
As an aside, the jobs that vocational witnesses often use as the easiest jobs that exist include:
- surveillance system monitor
- hand packer
- foil wrapper
- textile inspector
- small parts assembler
Similarly, if your pain level was such that it caused a significant interference with your capacity to perform simple job instructions, or if the depression associated with your back pain left you with a “poor” capacity to handle regular work stress, there are no jobs that you could perform.
The RFC Form - An Effective Tool Used in My Law Office
By far, the most effective tool to demonstrate your residual functional capacity is a functional capacity checklist. Whenever possible, I prepare a functional capacity checklist for my client’s doctor to fill out. Sometimes, doctors want to help but don’t know how to fill out my form - in such a case I will identify the specific questions that I know will win my case and I will explain to the doctor why a particular answer is what we need. Ultimately, of course, the doctor has to fill out my form as he sees fit - if I can help the doctor translate Social Security’s code, I will gladly do so for my clients.
I do not give away my practice checklists to non-clients, but I have made them available in book form - both blank forms and completed forms with suggested answers - you can read more here about my “how to” guide for Social Security disability claims.
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