ALJ Errors in Assessing Residual Functional Capacity (RFC)

Case Study-The Alj Applied The Wrong Legal Standard In Assessing RFC because he Failed to Consider Severe and Non-Severe Impairments The following is an excerpt from a brief I submitted to the federal district court: “The ALJ must evaluate the claimant’s physical and mental RFC.” Farrill v. Astrue, 11-7075, 2012 WL 2443711, 1 (10th Cir. … Continued

Residual Functional Capacity Assessment Must be Based on "Material Evidence"

Following is an argument I made in a federal district court case I won: ALJ’s Residual Functional Capacity Assessment Was Not Based on Material Evidence. Put in the simplest terms, the ALJ’s residual functional capacity assessment was not based on any medical opinion in the record.  In fact, the ALJ systematically rejected all of the … Continued

Step Four of the Sequential Evaluation: What can you still do?

The ALJ is charged with formulating an RFC The disability process is broken down into five steps frequently referred to as the “sequential evaluation.”  This posting deals with step four of the sequential evaluation.  Other posts discuss the other steps of the sequential evaluation.  At step four, the ALJ must determine what you are still … Continued


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