2 Things To Consider About Your Disability Claim

Making sure you are prepared before you file a disability claim is imperative. Especially since statistics show that 53 percent of claims are denied. Hiring a good disability lawyer is of the utmost importance. But you should also be aware of the following 2 steps you must go through.

1. The Residual Functional Capacity Form

The Residual Functional Capacity form is also called the RFC form or the Ability to Do Work Related Activity form. This form comes in the following 2 forms:

  1. Mental RFC form
  2. Physical RFC form

These forms help prove that you are unable to perform your job due to your disability. The disability could be mental, physical or both. The forms are developed using your medical records, your doctor's diagnoses, and an examination. The physical form will include the following:

  • Exertion Level. This is a closer look at how your physical disability affects your ability to do light, medium, or heavy work. The exam also takes a look at your ability to lift items and compares them to your previous jobs. You will also have to show your inability or ability to perform sedentary (sitting down) jobs. Remember that your previous jobs and any new skills you acquire will be taken into account, not to mention your age. You can talk to your disability lawyer about some of the specifics.
  • Non-Exertion Level. Your ability to perform work that does not require strength will also be taken into account. This includes your ability or disability with some of the following:
    • Inability to use your fingers or handle objects
    • Your inability to listen, see, or talk
    • The ability to withstand or feel temperatures, fumes, dust, or sunlight
    • The inability to stoop, crouch, or even climb

The mental RFC form will look at some of the following:

  • Your understanding
  • Memory and concentration capabilities
  • Your ability to finish tasks in a timely manner
  • Successful performance without supervision
  • Ability to make judgments or decisions
  • Appropriate behavior towards people
  • Proper reaction towards criticism, changes, or stress

You can obtain these forms from your disability lawyer, and you should do so as soon as possible.

2. The Consultative Exam

This exam is also referred to as the CE exam, which is administered by doctors who are highly experienced with disability claim cases. This exam can include both physical or mental examinations, which are usually over quickly. You want to do your best to be honest and diligent with your explanations as possible. Most disability lawyers know that the CE exam is usually performed by a doctor who may already be suspicions of you. So make sure you do your best to present your disability without exaggeration.

Do not worry about asking your disability lawyer for more advice because you need all the help you can get to increase your chances of winning your case. For more information, visit Ball & Ferrari.


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