The central purpose of an
Administrative Law Judge disability hearing in a Social
Security disability claim is to determine the claimant’s
“residual functional capacity” or RFC. Residual functional
capacity is your capacity to perform work-related activities
given your physical and mental limitations. In other words,
it is the most activity you can still do after
considering the effects of the limitations that affect your
ability to perform work-related tasks. More specifically,
residual functional capacity is the most activity you can
still do on a regular and continuing basis. Regular and
continuing basis means eight hours a day, five days a week,
or an equivalent work schedule.
All jobs require both
physical and mental activities. Physical demands include
such actions as sitting, standing, walking, lifting, and
stooping. Mental demands include, for example, the ability
to respond appropriately to supervision and to co-workers.
Physical and mental limitations resulting from your
impairments may affect your residual functional capacity.
For example, if you suffer from arthritis and can only stand
and walk two hours out of an eight hour day, then your
residual functional capacity would prevent you from working
at a job that required you to stand and walk more
than two hours out of an eight hour day. Likewise, a poor
ability to maintain attention and concentration might limit
your competence to sustain a competitive job. The Social
Security Administration must consider the combined
effects of all of your impairments. For instance,
if you suffer from depression and from arthritis, the Social
Security Administration will consider the effects of both
impairments together in determining your residual functional
capacity.
The Administrative Law Judge
will determine your residual functional capacity based on
your medical records and your testimony at the hearing. In
many cases the judge will rely on the opinion of your
treating doctor. Our firm has Medical Assessment forms
geared specifically to the determination of residual
functional capacity. We make those forms available to the
treating physicians of our clients. Having a treating doctor
complete an Assessment form indicating what you can and
cannot do is often the deciding factor at a hearing.
If the judge determines that
you retain the residual functional capacity to perform your
“past relevant work” (one of your old jobs), you will not be
found to be disabled. Past relevant work is defined as work
which you performed within the last 15 years before the
beginning date of your disability. If you cannot perform
your past relevant work then the judge will determine
whether you retain the residual functional capacity to
perform the requirements of other work existing in
significant numbers in the national economy.
Jobs are broken down
according to exertional requirements, and are classified as
either sedentary, light, medium, heavy, or very heavy.
Sedentary jobs are essentially desk jobs. Many times the
outcome of your hearing will depend on whether or not your
residual functional capacity would allow you to perform
sedentary level work. A telemarketing position, for example,
would likely be classified as sedentary. Sedentary jobs
require the ability to lift at least ten pounds at a time
occasionally, and at least five pounds frequently. Even
though sedentary jobs typically are desk jobs, and mostly
require sitting, a certain amount of standing and walking is
generally necessary to perform the job. A job is sedentary
if standing and walking is only occasionally required or is
generally required no more than two hours in an eight hour
work day.
Many people applying for
Social Security disability benefits have difficulty sitting
for extending periods of time. That limits their ability to
perform sedentary level work. In addition, it is important
to remember that residual functional capacity is your
remaining ability to work eight hours a day, five days a
week. Many times people are able to work a couple of days a
week, but they would be unable to actually work at a
full-time job.