FIGURING OUT YOUR RESIDUAL FUNCTIONAL CAPACITY (RFC)

In making disability decisions, Social Security uses "Residual Functional Capacity" or RFC.  It simply means the most that a person is able to do in terms of work-like activity.  It considers such things as:

• How long can a person sit, stand and walk out of an 8-hour day?
• What is the maximum that a person can repetitively lift and carry?
• How often can a person bend, kneel, crouch or crawl?
• What is an individual's restrictions on reaching, handling or feeling? 
• What is the maximum time this person can work without requiring a break?

 Those are only a few of the items considered in a physical Residual Functional Capacity.

For a mental RFC, some questions would include these:

• How long can the individual concentrate and stay on task?
• How often would this individual be able to respond appropriately to co-workers, supervisors or members of the public?
• Can the individual remember, understand and carry out simple instructions?  
• What is the individual's ability to adapt to usual workplace changes?

 There is a 5-Step mandatory process that a Social Security decision maker must use in deciding whether a person is disabled under the rules and regulations.  A Residual Functional Capacity (RFC) must be determined at Step 3 of this sequential process.

Who decides the RFC?  The administrative law judge or other decision maker at Social Security will decide.  However, the claimant's treating physician may greatly influence the RFC determination by providing an opinion concerning what activities the claimant can and cannot perform.  I use a form called a Medical Source Statement (MSS) to get the claimant's physician to estimate the Residual Functional Capacity.  I present the form to the court in hopes that the court will adopt the doctor's RFC.

Once the Residual Functional Capacity (RFC) has been determined, the judge or decision maker will conclude that the claimant is able to engage in work of a certain exertional level:  404.1567 Physical Exertional Levels


SEDENTARY WORK - Sitting up to 6 hours per 8-hour day, lifting no more than 10 pounds occasionally.

LIGHT WORK - Standing or Walking at least 6 hours per 8-hour day and lifting/carying 10 pounds frequently and up to 20 pounds occasionally.

MEDIUM WORK - Standing or Walking at least 6 hours per day and lifting and carrying 25 pounds frequently and up to 50 pounds occasionally. 

HEAVY WORK - Standing or Walking at least 6 hours per day, with lifting and carrying of 50 pounds frequently and up to 100 pounds occasionally.

VERY HEAVY WORK - Standing or Walking at least 6 hours per day with frequent lifting and carrying of up to 50 pounds and lifting/carrying more than 100 pounds occasionally.

In practice, most disability cases are won or lost on the claimant's ability to perform sedentary or light work.  This is especially true with claimants over the age of 50.

 So, the more restricted an individual's RFC is, the more likely the individual cannot sustain full-time work on a "regular and continuing basis," which means 8 hours per day, 5 days per week, or an equivalent schedule. 

If a person's RFC does not permit him or her to perform sedentary work, that person is disabled.  In some cases, even if a person can still perform Light exertion work, a grid rule may still direct a finding of disability.  

Objective medical evidence along with opinion evidence will help decision makers to arrive at a fair Residual Functional Capacity.

Objective evidence includes physical examinations, laboratory tests and imaging studies, such as X-rays, MRIs, CT scans or ultra-sound studies.

Opinion evidence includes a doctor's professional opinion about how a certain medical condition (or combination of conditions) limits or restricts an individual's ability to perform work related activities (such as sitting, standing, walking, bending, kneeling, stooping, lifting, reaching, etc.).

Disability cases are won or lost by getting a fair and accurate Residual Functional Capacity assigned.  You can easily see how an individual who is able to perform the full range of heavy work would not easily be found disabled in the absence of non-exertional impairments.  By contrast, a person limited to less than a full range of sedentary work might easily be found disabled.

A good attorney or advocate will always seek to obtain legitimate objective and opinion evidence that restricts a claimant's work related activity to a reasonable level of exertion.  This can and often will win the case, or lose it, if a reasonable RFC cannot be established in court.
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