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Functional Capacity Exam
#1
A little background. I am a 53 year old retired Marine. The 20 years I served has finally caught up with my body. I have a herniated disk, disk degenerative disease and severe pain in all major joints. In November 2013 I finally had to quit my job because of the severe daily pain. I can not sit or stand longer that 30 minutes without being miserable all day. I have applied for SS disability but have been denied twice. I am awaiting a court date with the judge now. My lawyer requested I do a FCE. I just completed it yesterday.

This test lasted approximately 4 hours. I lifted boxes, carried boxes, climbed stairs and ladder, stood and put nuts and bolts together, etc... There is no way I can perform ANY job available without being totally miserable or injuring myself. My whole day consists of either sitting in a recliner or laying down. During the exam I completed several tasks but indicated my pain level in my back and other joints was 8-9. There were several tasks that I could not finish and stopped. My question is:

Since there were many tasks that I did fight through the pain and complete will that more than likely indicate that I am capable of working somewhere even though I said my pain level 9 or higher? I'm now questioning myself if I should have just stopped rather than giving 100% and fighting through the pain. Guess it was the Marine in me. Just curious on anyone's thought of what the results may be. Thanks
 
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#2
the exam itself does not make the disability determination.
like an xray or emg or any other testing procedure it is used as part of overall medical findings that help document a physician's opinion.
no matter what the results of the FCE it's the doctor's opinion that becomes the evidence used by the disability judge.
if you've been deinied twice you have an uphill battle and I would not second guess the FCE result. the SSDI decision won't be based on the FCE result alone in any event.
if you were lead to believe otherwise you may not be as realistic about the outcome.
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#3
What your wrote marine is why a lot of people believe those FCE's are a bunch of BS. There is a difference between what someone CAN do and what someone should do. I am sure you CAN pull a person out of a burning car, but you cannot pull that amount of weight every day, all day long.

I did the same as you and gave 100% during my FCE. I injured myself pretty bad and had to pay for chiropractic treatments for 6 months due to the FCE. I will never do anything in exams again that causes re-injury. I only bend until I feel pain and do not bend all the way because I would re- injure myself. Which I have also done previously in exams. There is a difference between what you can do and what you should do. A doctor told me later only to bend to a degree that I feel pain and do not bend to a point I cause a re-injury. I would bend so far I became numb completely after the exam. Again, I was doing what you were doing but after injuring myself at exams a doctor explained to me stop it. No exam should cause further injury. Give full effort but not to the point that injures yourself.

Do you have a SSDI attorney?
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
(07-26-2014, 01:26 PM)California_Help Wrote: What your wrote marine is why a lot of people believe those FCE's are a bunch of BS. There is a difference between what someone CAN do and what someone should do. I am sure you CAN pull a person out of a burning car, but you cannot pull that amount of weight every day, all day long.

I did the same as you and gave 100% during my FCE. I injured myself pretty bad and had to pay for chiropractic treatments for 6 months due to the FCE. I will never do anything in exams again that causes re-injury. I only bend until I feel pain and do not bend all the way because I would re- injure myself. Which I have also done previously in exams. There is a difference between what you can do and what you should do. A doctor told me later only to bend to a degree that I feel pain and do not bend to a point I cause a re-injury. I would bend so far I became numb completely after the exam. Again, I was doing what you were doing but after injuring myself at exams a doctor explained to me stop it. No exam should cause further injury. Give full effort but not to the point that injures yourself.

Do you have a SSDI attorney?

Thanks for yalls replies. Yes I have a SSDI attorney. He states he is 95% that I will be awarded SSDI. Both reasons I was denied by SS was because they stated since I was a 911 dispatcher 10 years ago I could still do that type of work. I only had that job for 4 months and it requires 12 plus hours a day sitting in a chair. That's the worst job I could do with my condition now. Plus the amount of pain pills and muscle relaxers I have to take each day just to move around ...who in there right mind would hire me for a public safety position. The SS office told me my chances of approval would greatly increase after I have been out of work for 12 months straight. Oh well...we shall play the waiting game and see.
 
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#5
What gets me is I've worked my tail off for almost 40 years and paid into the SS system then you see all these people who have never done an honest days work in there life and receiving it at 30 yrs old because they are too sorry and lazy to work. Met a guy the other day who was a truck driver for 10 years. He was awarded SSDI because he gained so much weight he couldn't fit in the truck anymore. I'm sure it people like that that make it so hard for honest people to receive it. Just venting.
 
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#6

It is really difficult to be approved for SSDI. Many are approved on the 3rd appeal. I am sure you will be fine.

That truck driver may have other conditions which made him eligible for SSDI. Extreme obesity can cause a person to be completely disabled. I think everyone has seen documentaries on people who cannot get out of bed due to their weight, which is sad (IMO).
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#7
Thanks again for your help. Hopefully it will get taken care of soon because there's no job I can see myself doing that doesn't requires sitting or standing for more than 30 minutes. Thankfully I have military retirement to help during this unemployment time. I feel bad for those who are hurt with no income coming in.
 
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#8
Can understand about the job market. I'm in about the same boat as you. Restrictions say stand no more then 30 minutes a shift and sit or stand as needed meaning I can't just sit all day long plus things like a 10 pounds lifting restriction. I'm on SSDI but still trying to settle with WC. To try and save them self some money and get me a job they have been putting me thru a voc rehab program were they try to get me a job. Been doing this now for over 18 months without even one job interview. Good luck in getting this behind you
 
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#9
(07-27-2014, 09:40 AM)Manley2 Wrote: Can understand about the job market. I'm in about the same boat as you. Restrictions say stand no more then 30 minutes a shift and sit or stand as needed meaning I can't just sit all day long plus things like a 10 pounds lifting restriction. I'm on SSDI but still trying to settle with WC. To try and save them self some money and get me a job they have been putting me thru a voc rehab program were they try to get me a job. Been doing this now for over 18 months without even one job interview. Good luck in getting this behind you

How would that work if you are on ssdi and wc after an fce\voc rehab says you should look for work with these restrictions. will wc just stop or will they say you should be able to make XXX and reduce your amount?? not sure how that scenario would work. SSDI also takes in consideration of impairments that may not be work related
 
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#10
My last IME was in 2010 and it said I was not at MMI, and that was the last time I had anything like that. Before we started this voc rehab my lawyer asked for a FCE so we could see what I could do but they refused saying they knew I could only do sit down work. Had to have a hearing for SSDI and they decide there was no work I could really do. My lawyer said as part of my case WC had the right to try voc rehab before settlement. And they are only doing this in hopes I would get something and they could stop my TTD. Trouble is the first gal I had said she though I would need retraining to get a job but that WC refused to spend a dime on training. They didn't want to settle my case because their lawyer told mine several years ago that and if we wanted to settle we would have to force the issue. I think this is all a part of us trying to get them to settle because other wise they are just going to keep paying me a weekly check until I die
 
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