Think of the functional capacity strategy as a way to tell your story – your entire story – to the judge. Remember that the judge already knows that you have a medical problem and, ideally, a firm medical diagnosis
You don’t want to use your valuable hearing time to tell the judge that your doctor has given you a diagnosis. Instead, you want to use your testimony to explain to the judge how your medical issues impact your capacity for work.
Remember that the main issue in your Social Security disability case has to do with your capacity to work, not your medical diagnosis. The judge wants to know specifically why you would not be able to perform the duties of a simple, entry level job.
So, when you ask the judge to conclude that your capacity to function in a work setting has been so impaired that you could not perform even a simple, entry-level, sit down job, you want to discuss or put into evidence information about:
Problems that arise directly from your medical problem, such as:
- pain
- limitation of movement
- lack of stamina
- extreme fatigue
- nausea
- vision loss
- hearing loss
- sensory loss
- loss of strength (power)
- loss of strength (dexterity)
- urinary or bowel urgency
- urinary or bowel frequency
- loss of control in holding urine or controlling bowels
- vision problems
- balance problems
- painful swelling
- painful rashes
- acting inappropriately around others
- unable to maintain emotional stability (i.e., crying spells)
- anger control issues
- unable to maintain pace of work like activities
- unable to maintain attention and concentration
- unable to maintain focus
Side effects of needed medications:
- loss of cognitive capacity
- drowsiness
- inability to get restorative sleep
- dry mouth
- blurred vision
- fatigue
- suicidal or homicidal thoughts
- nausea
- rashes
- swelling
- sensory loss
- urinary or bowel urgency
- urinary or bowel frequency
Problems you have actually had trying to work:
- statements from former co-workers or supervisors about problems you at a prior job
- statements from former co-workers discussing extra help they gave you at work
- statements from former supervisors discussing special considerations you received that allowed you to keep your job
- attendance records from past jobs
- incident write-ups from past jobs
Evidence of long standing medical issues:
- school records showing cognitive or learning issues
- school records showing attendance issues
- school records showing behavioral problems
- medical records from childhood showing long ago medical issues consistent with current issues
Evidence from third parties
- statements or testimony from long time friends or (less desirable) relatives
- statements from former coworkers or supervisors
- functional capacity evaluation forms from treating doctors (very helpful)
- narrative reports from treating doctors (very helpful)
As you can see, when you argue that you don’t have the capacity to work, you can introduce any type of evidence that can help you paint a picture for the judge.
Many people become overly focused on their main medical problem but now you know that your best path to victory will come from identifying every factor that negatively impacts your capacity for work. This is how the functional capacity SSD theory of disability works.