Sunday, April 5, 2015

RESIDUAL FUNCTION CAPACITY

To decide a disability claim, Social Security must determine the claimant's residual function capacity (RFC).  This term defines the maximum level of exertion and function that an individual can perform when doing work related activitie--such as walking, lifting, standing or pushing/pulling.  RFC also includes postural activities such as sitting, kneeling, crouching, crawling, bending, etc.  The mental abilities of work must also be evaluated, including the ability to remember, concentrate, finish tasks, understand and carry out instructions or respond appropriately to supervisors and co-workers.

Strictly in terms of exertion, there are 5 levels of exertion:

Sedentary work - requires the ability to sit for up to 6 hours out of an 8 hour day, stand up to 2 hours of an 8 hour day and occasionally* lift and carry no more than about 10 pounds at a time or frequently* lift and carry 10 pounds.

Light work - requires an ability to stand for up to 6 hours per 8 hour day and occasionally lift and carry up to 20 pounds at one time or to frequently lift 10 pounds.

Medium work - will require an individual to stand at least 6 hours per day and to lift and carry no more than 50 pounds at one time or to lift 25 pounds or more frequently.

Heavy work - will require a person to lift and carry no more than 100 pounds at one time or to frequently lift 50 pounds or more, along with at least 6 hours of standing/walking per day.

Very heavy work - means that an individual must be able to lift and carry more than 100 pounds at one time or to lift 50 pounds or more frequently.

If a person is found to be capable of medium work, he is assumed that he can also do light and sedentary work, unless there are special circumstances, such as an inability to sit for prolonged periods, etc.

I think you can easily see how important it is for the Social Security decision maker to properly determine your residual function capacity (RFC).  Primarily, the RFC is developed from medical records but your testimony can also be considered.  I like to have a treating physician complete a residual function capacity form which states the claimant's particular limitations.  When this form is provided by a licensed treating doctor who has a history of providing medical treatment to the claimant and when the RFC is consistent with the entire medical record, decision makers will often use it to determine residual function capacity.  If the treating physician will not provide an RFC form, then the administrative law judge or other decision maker must come up with his own RFC--which can be problematic.
---------------------
* The term "occasionally" means very little to one-third of an 8-hour workday.
* "Frequently" means one-third to two-thirds of an 8 hour workday.
* "Constantly" means more than two-thirds of the time.

No comments:

Post a Comment