The Functional Capacity Strategy
How to Win Your Liver Disease Disability Case using a “Functional Capacity” Argument
What is functional capacity?
The terminology functional capacity typically refers to being able to perform a variety of activities and tasks that are necessary to an individual’s lifestyle. The effects of a disease on a community and its residents are normally measured by morbidity and mortality statistics. However, during the later part of the 20th century, functional capacity or status gained considerable significance, especially where Social Security Disability cases and claims are concerned.
Liver disease disability and the functional capacity argument
The primary objective of a Social Security adjudicator or judge is to determine whether or not you are physically capable of working. You have to prove that you cannot perform substantial activities or tasks in everyday life due to your liver disease or the side of effects of the medication you are taking for your condition. Additionally, you have to prove that your condition has disabled you and that it is expected to last for 12 consecutive months, has lasted for that period of time already, or will eventually result in your death.
In this instance, liver disease is a blanket terminology encompassing any disease or disorder which interrupts the normal function of the human liver. It is up to you to prove that any complications, side effects of your medications, symptoms, and/or any other limitations arising from your liver disease or disorder have left you disabled to the point that you cannot be relied upon to perform your job.
When a Social Security Disability attorney argues your case before the Social Security Administration, they will most likely use one of three types of legal arguments – the Functional Capacity argument, the Grid Rules Argument, or the Listing Argument. The functional capacity argument contends that you haven’t been and cannot ever be a reliable employee because of your liver disease or disorder. Additionally, it is the most commonly used legal argument which is presented to SSA adjudicators or judges.
The functional capacity checklist
An experienced and qualified Social Security Disability attorney will employ a functional capacity checklist in order to support their arguments when handling your liver disease disability case. These forms are filled out by your family physician or specialist which in turn makes it simpler for them to identify your activity limitations and/or mental limitations relevant to your liver disease or disorder. These forms are oftentimes referred to as residual functional capacity or RFC forms and play a significant role in your Social Security Disability claim.