Local Law Firms Home > Social Security & Disability Law Overview > Functional Capacity Showing that your remaining functional capacity is less than inactive is a mighty tactic that you can implement to win your Social Security disability claim. Other tactics include meeting a grid or meeting a listing. A functional capacity argument is more frequently used at a Social Security hearing, and it is by far the utmost flexible method and one that is used to win more claims than any other argument.
As you may already know, the big picture in any Social Security claim has to do with show to the Social Security Administration that you are unable to perform at any job. This emphasis on vocational capacity is embedded throughout the Social Security benefits progression. At Social Security hearings, most SSA administrative law judges use expert testimony from witnesses known as vocational experts. These witnesses take the stand to describe your past occupational duties and to discuss any other jobs you might be eligible to perform based on your skills, education, and disability. In some ways, your Social Security disability claim has less to do with your medical diagnosis and more to do with your ability to hold a job. You should keep this concentration on work ability in mind as you fill out SSA’s forms and as you get ready for you hearing. Did you know? The legal phrase for limited employment capacity is “residual functional capacity.” Residual is defined as that which is left over. Functional looks to your capability to perform in an occupation or occupation-like atmosphere and capacity is defined as the ability to execute in a competitive work atmosphere. |