HOW TO USE A RESIDUAL CAPACITY FORM TO WIN YOUR DISABILITY BENEFITS

At step 3 of the sequential process, Social Security must determine your "residual functional capacity," or RFC, they call it.  This is basically the maximum you can do in terms of work-related activities--such as sitting, standing, bending, lifting, reaching, etc. For mental impairments, it judges ability to concentrate, remember, understand and follow simple instructions, etc. The judge will normally use one of two methods to determine your RFC:

1.  He/she may plow through your medical records and simply make up an RFC, which is rather arbitrary.  This is scary and unless the claimant has a devastating health condition, often leads to a denial. Bad idea

2.  The judge may look back at the RFC used by the state agency that originally denied your claim and use the same RFC at the hearing.  Since this RFC got your claim denied in the first place, it will get you denied again at the hearing.  Also a bad idea.

So, what's the alternative?  The better idea is for you or your attorney/advocate to give the judge a valid residual functional capacity, so he/she does not rely on either 1 or 2 above.  In other words, provide your own RFC.

How do you get this residual functional capacity?  It has to come from one of your treating doctors.  The form I use is called a "Medical Source Statement" or MSS for short.  The MSS form should be customized to fit the claimant's particular impairments.  For example, if the impairment is fibromyalgia, the MSS form should be tailored to that particular ailment.  If the impairment is mental--such as depression or PTSD, there is another form for that.  I often customize my own forms to fit the claimant's particular symptoms, such as pain, fatigue, lack of concentration, poor memory, etc.

IMPORTANT:  Social Security will not ask for or obtain this form from your doctor. An RFC is not part of the doctor's routine medical records. It's up to each claimant or attorney to provide this form to the doctor, ask for it to be completed, then submit to Social Security before the hearing takes place. 

The use of a properly completed and appropriately customized RFC/MSS form can make a vast difference in the outcome of a Social Security disability case at hearing.  In fact, it may be the key piece of evidence and may be given "controlling weight" in the judge's decision.

CAUTION:  Do not make the following mistakes in regard to the RFC/MSS form:

A)  Do not assume Social Security will have this done, or that the Social Security doctor who examined you will fill out this form.  Even if he does (very unlikely), it will not help you--guaranteed.  It needs to come from YOUR doctor.

B)  Never assume that the RFC is part of your doctor's routine medical records.  It never is.

C)  Do not get the RFC/MSS form completed by a nurse practitioner (CRNP), chiropractor, therapist, counselor or anyone besides a licensed Medical Doctor (MD or DO), or a licensed psychologist (Ph.D. or Psy.D) for mental issues.  If you have a vision impairment, a licensed optometrist can complete the form--but only with regard to vision problems. Not all medical professionals are considered "acceptable medical sources" by Social Security.  Doctors (MD or DO) are acceptable.  So are licensed psychologists (Ph.D. or Psy.D)--but NOT therapists, counselors, social workers, nurse practitioners, chiropractors, etc.

Summarizing.  The following professionals may sign your RFC/MSS form:

• Doctor of Medicine (MD) or Doctor of Osteopathy (DO).  This includes psychiatrists, who hold MD degrees.

• Licensed psychologist holding either the Ph.D. or Psy.D (doctorate) degree and properly licensed by the state.

• Licensed optometrist for vision problems only.

I try to never go to court without a supporting medical source statement form the doctor.  I find that most of my winning cases include a treating doctor's RFC.