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    We Represent People With:

  • Physical Disabilities and Impairments, Psychiatric and Mental Disorders, Bipolar, PTSD, Deafness, Blindness, HIV/Aids, Cancer, Epilepsy, Schizophrenia, Depression, Mental Retardation, Cerebral palsy, Multiple Sclerosis, Diabetes, Carpal Tunnel Syndrome, Herniated Disk, Fibromyalgia, Lupus, Arthritis, Stroke, Seizures, Hepatitis, Heart and Lung disease, Meniere's Disease, Crohn's Disease, Colitis, L.B.S., Myasthenia Gravis, Severe Headaches and Sleep Disorders, Amputation, Vocational Disabilities, MRSA who have wrongfully been denied their benefits.
Home :: FAQ :: Issues - Social Security Disability Hearing

Does the judge have to take into consideration a claimant’s residual functional capacity, physical, postural and exertional limitations at the hearing?

Yes, he or she should. The record should show that a claimant has some Residual Functional Capacity.  At our offices, for our clients we use a Residual Physical Functional Capacity Questionnaire dated and completed by the Claimant’s treating physician, an examining physician, or even a non-examining physician, to document and confirm that the Claimant has the conditions or restrictions and resultant residual physical incapacity. According to the reporting physician, the Nature, frequency and length of contact with the claimant is described along with the claimant’s diagnosis, the Claimant’s prognosis and the Claimant’s symptoms, including pain, dizziness, fatigue, etc., We also have the physician determine how the Claimant’s pain was characterized in the nature, location, frequency, precipitating factors, and severity based on clinical findings and objective signs.

We have the doctor described the treatment and response including any side effects of medication that may have implications for working, e.g., drowsiness, dizziness, nausea, and whether the Claimant’s impairments either lasted or could be expected to last at least twelve months.  We have the doctor also state whether the Claimant is or is not a malingerer and whether emotional factors contribute to the severity of the Claimant’s symptoms and functional limitations.  These are important considerations in your case.

We ask the responding physician to identify any psychological conditions affecting the Claimant’s physical condition to see it they include depression, somatoform disorder, anxiety, personality disorder, or other impediments to work.

The reporting physician further is asked to opine whether the Claimant’s impairments (physical impairments plus any emotional impairments) were reasonably consistent with the symptoms and functional limitations described in the evaluation and further whether during a typical workday the Claimant would frequently or constantly experience of pain or other symptoms that would be severe enough to interfere with attention and concentration needed to perform even simple work tasks, a very important consideration in your disability case.  Note, "frequently" is described to mean 34% to 66% of an 8-hour working day.