Legal Question in Social Security Law in Florida

Key Method Functional Capacity Test KMFCT

Hi. I have been considered "disabled" by social security since May 2002. I had a review 3 years ago where I only filled out paperwork. Now, I was sent to 2 of their doctors and was now no longer considered disabled because I should be able to do continuous some kind of work and have filed an appeal. One key piece of evidence that they did not have, which I have furnished them with for the appeal was my "Key Method Functional Capacity Test" done in 2005 which very CLEARLY STATES IN THE REPORT that I am only able to work 3 - 4 hours per day. To NOT be considered disabled under social security, you have to be ABLE to work a full 8 hour day. Now that they have this evidence, which my doctor had not given them before. A physical therapist had filled another one out in 2005 with many, but not all, of the same answers but it stated nowhere limitations on how long I could work - hours per day.

So, how much weight will the KMFCT be given in redetermining disability now that I was denied?

My doctor knows I have gone to psychiatrists, physical therapy, used medication, etc, all to no avail.

I have troulble sitting, standing, bending, walking, etc., have back pain - bulging disc, shoulder pain - bulging discs, knee pain, foot pain - neuromas, migraines 2 - 4/wk, headaches -daily, depression, anxiety attacks, memory problems, fibromyalgia, concentration problems, have trouble finding words, cry when speaking to people - change of effect, I get dizzy - which my doctor said could be from all the meds I am on, but from everything I have read, could be from the fibro, too, etc...


Asked on 7/28/09, 1:12 pm

1 Answer from Attorneys



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