Do you need an FCE in a Social Security case?
I was recently asked if you need a functional capacity evaluation (FCE) in a Social Security disability case. No, but it really helps if you can get one.
As I previously wrote, it is vital to get a statement from your doctor about your abilities and limitations in the workplace. This is sometimes called a medical source statement, medical opinion, or a statement of your residual functional capacity.
Normally, this medical opinion is just your doctor’s “best guess” of what you can and cannot do. I don’t want to put this down. A doctor who knows your condition, and who knows you, can make a very good guess about how the conditions affects you and how it would affect you in the workplace.
However, a functional capacity evaluation objectively tests what you can and cannot do. A typical FCE will take 4 to 6 hours to test what you can do. You will be tired and quite possibly sore after it is done. However, this is often the very best evidence of your abilities and limitations.
Social Security already sent me to a doctor who had me bend and stretch. Is that the same thing?
What if your doctor does not want to help your Social Security disability case?
eNewsMediaMagazine has some tips on building a strong Social Security disabilty claim:
Tip #1: Choose the right doctor(s).
Regardless of your specific disability, you will need medical documentation. The only way to do this is to visit at least one physician. Ideally, that would be an experienced, respected doctor in the field of your disability. The more specific the doctor to your disability, the more credibility he or she will have. For instance, if you claim to have back problems, but only see an MD for treatment, your records will probably not contain much useful information other than pain medication.
There is nothing wrong with this tip. However, for many people choosing which doctor they see, just is not an option.
Why doesn’t Social Security get a statement of my limitations from my doctor?
You already know how important it is to get a Medical Source Statement in your Social Security disability case.
The best source for this is your own doctor.
However, I typically see Social Security have one of their technicians or a Social Security doctor, who has never seen or examined you, determine your limitations.
When I discuss this with my clients, I am often asked why? Why does it seem like Social Security purposefully avoids getting this information from the best source, your own doctor?
My opinion is that Social Security wants to ensure an objective opinion and believes …
The one element missing in most Social Security cases: a medical opinion of limitations
To be found disabled, generally you have to show that you are unable to perform some type of full-time work. This is a simplification of the Social Security disability standard, but it is sufficient for this article.
The most common problem in Social Security disability claims is a lack of a statement of limitations from a doctor.
These statements go by different names:
Medical Source Statement (this is the term Social Security uses).
Medical Opinion.
Statement of Limitations.
Statement of Permanent Restrictions.
Whatever it is called, it tells Social Security what you can and cannot do. Social Security uses this to decide whether you are disabled.
Isn’t there a statement of limitations already in my medical records?
Probably not.
Most medical records contain a description of your symptoms, the objective findings, the doctors assessment, and the treatment plan. Most medical records do not have any statement of your limitations.
