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Brad Thomas Disability PLLC

Increase your Odds of Winning

So the best way to make your Social Security Disability case stronger is to get a statement from your doctor regarding what your limitations are, and the words that the Social Security Disability Administration uses to describe cases, essentially, there are two forms, there’s a lot of forms, the two main ones are a physical residual functional capacity form. And what we have in front of us a mental Residual Functional Capacity Assessment form. And anyhow, you use this document, you give it to your doctor, you ask your doctor to fill it out on your behalf, you say I’m applying for disability, it would mean a lot to me if you could complete this form. And then hopefully, your doctor fills it out. And if they fill it out in a favorable way, this is the strongest evidence that you can have in your Social Security Disability file, because medical records don’t really put the rubber to the road. And so far as a true limitations are, are you going to be able to work with this new medical condition or this condition that’s gotten worse over time. So that’s what the until residual and physical and digital functional capacity assessment form do for you.

And in this video, I wanted to kind of walk through what these forms are like right here provider’s name, telephone, patient’s information, you know, detriment began diagnosis.

Dou believe the patient’s bleep be a malingerer. The answer to that question needs to be NO

Has the patient’s impairment lasted are expected to last at least 12 months? The answer to that question needs to be YES

Questions about GAF your global assessment of functioning? It’s not something that the SSA really uses anymore. So that’s not an important as important part of the form.

Is there evidence of current drug or alcohol use? The answer to that question is hopefully NO for you.

If so, with the impairment exists in the absence of drug or alcohol use? What the answer is that to be YES, if you have drug or alcohol use in your background, then SSA thinks that that’s the reason why you can’t get a job, not your medical conditions, then they’ll deny you. And if they see that in your medical records at all, usually, they’re just going to deny you unless your conditions just catastrophic.

Is patient compliant with treatment? That answer should be YES.

And here’s the meat and potatoes of the form. Based on your assessment, can the person do whatever the activity is? Mild, Moderate, marked, Extreme, not reasonable. Or of course, none.

Understanding and memory is the the ability to remember locations and work like procedures, judges really aren’t going to pay attention to none mild or moderate, marked and extreme get the job done, which are seriously limited or no. Ability to function for whatever the descriptor is the ability to remember locations and work like procedures, Marked and Extreme is what you’re looking for. The ability to remember very short and simple instructions, Marked and Extreme with both if the judge believes that lead to a finding of disability. The ability to understand remember detailed instructions, this is important. If you are over 50, and you’re trying to show you can’t do your past work, and your past work required detailed instructions. If you’re no longer able to do this type of tasks, then that can be used to relate your limit late your past work, which is really important if you’re over 50 and applying for Social Security Disability.

Sustained concentration, persistence, the ability to carry out very short and simple instructions, Marked or Extreme will get it done.

Detailed instructions, again, this is another question for eliminating jobs. If you’re over 50 Marked and Extremely the ones that you’re looking for. The ability to maintain attention and concentration for extended periods is a really important one. Marked or Extremely is what you’re looking for here. And then of course, the ability to perform activities from the schedule, maintain regular attendance, and be punctual with customary tolerances. Are you looking for a marked or extreme notation? And you know, on down the list, I don’t want this to be a 40 minute video of me telling you that you want marked and extreme from your medical care provider but YOU DO, YOU DO want marked and extreme from your medical care provider.

Most of these, I don’t think your medical care provider or your doctor will necessarily mark them all down as mark your extreme but you know, essentially you’re looking for a marked or extreme assessments in one of these areas that are going to prevent you from being able to perform any work and not just skilled work. The ability to set realistic goals or make plans independently of others. It’s not as important the ability to travel the unfamiliar places not as important. The ability to tolerate normal levels of stress, very important. To be able to work so you’re looking for a Marked or Extreme limitation there. Would your patients impairment substantially interfere with his or her ability to work on a regular and sustained basis? at least 20% of the time you would love a yes. How often would your patient need to miss work each month because of his or her mental impairment or for treatment of the mental impairment. Sometimes one day a month will be sufficient to get disability depending on the judge that you’re in front of two days a month if the judge agrees

With your doctor’s assessment should always be enough. I’ve never seen it not be enough to get disability. You believe that your patient can work on a regular and sustained basis in light of his or her impairment. Your doctor can do a solid and write some sentences about just why, why have they completed the form in the way that they have? That would be great. And you leave the patient can manage his or her own fan funds. If your doctor says no, the SSA is probably going to say that you can’t manage your own funds, you’ll have to have someone assigned to do that for you if you do get granted disability benefits, and they sign there.

Physical functional capacity report which is a little more varied none mild, moderate, extreme cycle from that mental functional capacity. Here we have first question with regards to your contact with the patient. Please describe the frequency and purpose. How long have you seen this patient this isn’t a particularly important blank. The judge is going to know that from your medical records please describe the patient’s symptoms. Hopefully the day was solid and fill in horrible horrible back pain or knee pain or just whatever is going on with you physically. Please state all clinical findings it’s not as important that’s again going to be in your medical records. What is your diagnosis of the patient’s symptoms and test results and they can put something there it’s not as important exertional limitations this is where it really matters. Occasionally lift and or carry including upward pulling nearly everybody is going to want it to be less than 10 pounds. Once you get over 50 If you can only lift 20 pounds that might help you win a disability case if you over 55 is depending frequently lift ory carry which is more of the day. He’s two really aren’t the the big ones. The less you can carry of course the better it is for your case, standing or walking. If you are over 50 This is the big one for you. Most people are disabled if they’re over 50 and they can’t walk for less than two hours and eight hour work day and you can’t do your past work. One or two here would be disabling for you assuming the judge goes with the doctor’s recommendations one or two here and you can’t do your past work looks like a win for number four here sitting. If you are under 50 you were looking at one or two here being what you want your doctor to fill out if you can’t perform even sedentary work due to your limitations. You can’t sit for six hours in an eight hour workday is going to be disabling for you under the SSH rules three and four are really important parts of the physical functional capacity form part five bush and or pol not as important I mean it’s going to be important in some cases these aren’t the meat and potatoes of the form a same here postural limitations these are mainly going to benefit people over 50 and showing that they can’t do their past work manipulative limitations super important. If you can’t handle or finger never or perhaps even only occasionally, combined with other impairments disabling mean nearly every job requires you to use your hands extreme limitations and using your hands can be disabling for you have their limitations in an average month. How frequently would you expect your patient to experience absences from work once a month? Well, when sometimes if the judge leaves your doctor twice a month or three times or more will generally always win so long as the judge adopts your doctor’s opinion. What percentage of a workday would you expect the patient to be off task in a work setting 5% won’t get it done. 10% will get it done. Sometimes 15 or 20% will generally always be disabling for you. The judge adopts your doctor’s opinion, is your patient and malingerer which is you know a fancy word for Faker. You want your doctor to put no there. And so that’s the form.

If you’re applying for disability, you definitely need to get your doctors to complete these forms for you. If you want a copy of them, just go to my website, There’ll be a spot where you can put in your email and get a copy of my free guide to Social Security disability I encourage you to do so these forms are attached to the back of that free guide. Use them for your case and hope they benefit you and I HOPE YOU WIN!


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