Thread: It's a start...
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Old 02-07-2015, 03:54 PM
LIT LOVE LIT LOVE is offline
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Join Date: Mar 2010
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LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
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Quote:
Originally Posted by Always_Believe View Post
Okay, what is an RFC? And how do I go about that? How do I get my doc to fill out an FCE? Is that form available online to download?

From my understanding of my denial letter (from initial app), I do meet one of the impairment diagnoses. Just was not evaluated to prevent me from SGA (most likely due to not enough information regarding my functional limits). I never got anything specific to ADL's, only what was on the initial app. And now I have 2 more diagnoses to add.

As for the Function Report, I found it online when looking into the reconsideration/appeal procedure. I downloaded it and have been working on filling it out/re-filling it out/going over every little thing I can/cannot do. I think I read where ssa used to send it out regularly with work history report. Perhaps they still do but did not feel it warranted in my case due to the omission of functional capacity in the documents they received.


There is a big difference between a Medically Determinable Impairment and meeting the requirements of an Impaired Listing. The language of these ruling are very precise. It is confusing.

If you meet the requirements for a Listed Impairment there is no further requirements for approval. The issues of former work or any work are not addressed. The Listed Impairments are found in the Blue Book, which I linked to in my last post #17. RSD/CRPS is not a Listed Impairment. SS's ruling about how to evaluate RSD/CRPS (which I linked to in post #7) states, under "Evaluation of the Claim", that the sequential process is used (what I referred to earlier as the 5 Step Process.) It is still worthwhile to read the ENTIRE Blue Book, so that you can get a good idea of what SS needs you to document.

There are 3 ways to be approved. 1) Meet a Listed Impairment 2)Via the Grid Rules 3)The 5 Step Process. Right now, you're trying to prove you qualify through the 5 Step Process. Should you choose to amend you Alleged Onset Date to when you turn 50, than your claim would be evaluated via the Grid Rules.

Section C of The Adult Function Report is where you list your Daily Activities. I have no idea why you weren't sent these. Perhaps it was determined you didn't have enough medical evidence proving the severity of your disability to get that far in the process. There is also a 3rd party Adult Function Report which you'd have your daughter fill out. I don't know if it's appropriate to send those in before requested? (I'm rereading the long thread at SSDfacts. In post #54 you stated "Not sure why a Function Report would NOT have been requested given that was pretty much the reason for denial." I disagree that your subjective reporting would have made the difference between you being approved or not. The medical documentation needed to prove the severity of your disability prevents even sedentary work is substantial.)

There are 2 versions of RFC forms--physical and mental. You simply ask your doctor to fill it out. Some will charge a small fee, some will require a Functional Capacity Evaluation before filling out the forms. Some may perform the FCE themselves, some might send you to another doc or physical therapist. It is MUCH better to undergo a FCE, the results of which will be put into a report, and then have the RFC forms filled out IMO, but ESPECIALLY in your scenario with new docs and a new diagnosis. Docs can over or under estimate your Functional Capacity--some are little better than guesswork. SS only gives weight to your docs opinion when you have an established history--which you don't have.

Not to make this more confusing, but SS will perform a RFC assessment with an internal medical consultant, and an ALJ is the final authority on setting the RFC rating. By undergoing FCE testing, which your doc/s will then use to fill out a RFC form, will help the SS medical consultant give you an accurate RFC assessment, and potentially give an ALJ the evidence to set your RFC rating for less than sedentary work (which would give you a Fully Favorable decision back to your AOD.)

http://www.disabilitysecrets.com/rfc-win.html

Sorry if this info overload, but all of the above is very important.

Last edited by LIT LOVE; 02-07-2015 at 04:35 PM. Reason: major edit
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Always_Believe (02-08-2015)