ESTABLISH YOUR RFC TO WIN SSDI BENEFITS

In my opinion, 99 percent of Social Security disability claims are lost by failing to prove a restricted Residual Functional Capacity (RFC), either in the application, or at the hearing.  There are a few claims lost to procedural problems that have nothing to do with RFC, but very few.

The Residual Functional Capacity (RFC), simply put, is the most you are able to do, in spite of your impairments.

Social Security will usually take the position that, yes, you do have some impairments.  However, the impairments are not so severe that you can't perform certain types of jobs.  Therefore, you are not disabled.

The solution to this (and saving your case) is to prove to Social Security that you have a very restricted RFC.  In fact, you want to prove--using medical evidence--that you cannot perform the exertional, postural and/or mental requirements of even unskilled sedentary work.

Many individuals try to prove their inability to work by simply explaining their pain, fatigue, depression or other symptoms to the judge.  This is not sufficient.  The law requires "objective medical evidence."  Furthermore, the medical evidence must show a reduced RFC which does not permit any type of full-time work on a sustained basis.  Failing to prove that will result in a denial of benefits--guaranteed.

Here is my approach to the Residual Functional Capacity.  I want your doctor to tell the judge why you cannot work and be specific.  How long can you sit, stand and walk?  How much can you lift on a sustained basis?  Do you have postural limitations (bending, kneeling, crouching, reaching, etc.)?  What are your specific mental limitations, if any?

I know that Social Security will try to say that you are still able to perform unskilled sedentary work.  Examples would be garment folder, surveillance system monitor, or telephone order taker.  You'd better have a plan to prove (not just explain) why you could not perform those jobs.

My plan involves getting specific information from your treating doctor(s), proving that you are not able to perform the prolonged sitting, concentration, memory, persistence, pace, etc. that these jobs require.

Failure to prove a very restricted Residual Functional Capacity (RFC) = Denial of your claim. 



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