Can I Use My Functional Capacity Exam (FCE) to Support My Long-Term Disability Case?

By

Ben Glass

|

Owner and Long-Term Disability Attorney

What is a Functional Capacity Exam?

A Functional Capacity Exam (FCE) is a comprehensive medical evaluation typically conducted by a physical therapist to assess an individualโ€™s ability to perform work-related physical tasks. These exams are often used in long-term disability claims to evaluate a claimant’s physical limitations and capabilities. FCEs involve a variety of tests, such as measuring strength, range of motion, endurance, and the ability to sit, stand, and lift weights. Physical therapists usually perform FCEs, and they play a critical role in establishing the functional limitations of someone seeking disability benefits.

What to Expect During a Functional Capacity Exam (FCE)

If youโ€™re scheduled for a Functional Capacity Exam (FCE), itโ€™s important to know what to expect to prepare effectively. An FCE is typically conducted by a physical therapist or other healthcare professional who will assess your physical capabilities and limitations. The exam usually lasts between four to six hours and involves a variety of tests and assessments designed to measure different aspects of your physical function. Hereโ€™s what you can expect:

1. Initial Interview and Medical History Review

The exam begins with an in-depth interview where the examiner will review your medical history and ask questions about your injury, symptoms, and current physical limitations. This helps the examiner understand your background and tailor the exam to address your specific physical challenges.

2. Physical Performance Tests

During the exam, you will be asked to perform several physical tasks that mimic work-related activities. These tasks may include:

  • Lifting and carrying: You might be asked to lift different weights or carry items over short distances to assess your strength and endurance.
  • Bending, squatting, and reaching: These tests measure your range of motion and flexibility, which are crucial for many types of work.
  • Pushing and pulling: You may need to push or pull a weighted object to evaluate your upper body strength.
  • Walking and climbing stairs: Walking tests assess your endurance, while stair-climbing measures lower body strength and cardiovascular fitness.

3. Objective Measurements and Monitoring

Throughout the exam, the evaluator will take objective measurements such as:

  • Heart rate and blood pressure to monitor how your body responds to physical exertion.
  • Range of motion measurements to determine your flexibility and movement capabilities.
  • Grip strength tests to assess your hand and arm strength, which can be important for many jobs.

These objective indicators are critical because they provide measurable data that supports your disability claim.

4. Pain Assessment and Self-Reporting

While self-reported pain is part of the FCE, itโ€™s important to provide accurate and consistent descriptions of your discomfort during tasks. The examiner will document your pain levels, but remember that objective data, such as changes in heart rate or muscle activity, carries more weight in supporting your long-term disability claim.

5. Functional Limitations Summary

At the end of the exam, the evaluator will create a comprehensive report detailing your functional limitations, physical capabilities, and how they align with the demands of your job. This report is a crucial piece of evidence for supporting your long-term disability benefits application, as it provides a clear picture of your physical capacity.

Using a Functional Capacity Exam in Your Long-Term Disability Claim

The quick answer is: yes, of course, you can use a Functional Capacity Exam to support your Long-Term Disability Claim, but only if it meets certain criteria.

In many long-term disability cases, claimants rely on Functional Capacity Exams to demonstrate that they cannot perform the necessary tasks of their jobs. However, as the recent federal court case Paff v. Lincoln Life Assurance Company of Boston (2024) shows, not all FCEs are equally persuasive in court. In this case, the court found that the claimantโ€™s FCE was insufficient because it lacked objective measures of validity and overly relied on the claimantโ€™s self-reported pain and limitations. The court emphasized that FCEs must be supported by objective evidence, such as diagnostic tests and physiological monitoring, to be considered reliable.

What Judges Are Looking for in Functional Capacity Exam

Judges evaluate FCEs based on their objectivity and whether they incorporate measurable, verifiable data. For example, in Paff, the court criticized the FCE for not including sufficient physiological markersโ€”such as heart rate or muscle activityโ€”during physical tasks. While the FCE did measure some heart rate changes, it did not use a range of objective validity tests, and the physical therapist relied too heavily on the claimantโ€™s subjective reports of pain. Judges are more likely to give weight to FCEs that include objective data, such as:

  • Regular assessment of heart rate, blood pressure, and other physiological responses.
  • Consistency checks between reported pain and physical performance.
  • Use of biomechanical assessments to ensure the claimant’s maximum effort.

How to Ensure Your Functional Capacity Exam is Effective for a Disability Claim

If you are a claimant or a physical therapist conducting an FCE, keep these tips in mind to strengthen your disability claim:

  1. Include Objective Testing: Make sure the FCE includes measurable, verifiable indicators such as heart rate monitoring, range of motion measurements, and other physiological signs of exertion.
  2. Avoid Over-Reliance on Self-Reported Pain: While pain levels are important, they must be supported by objective findings. The court in Paff found that self-reported pain, without corresponding objective evidence, was not enough to support the disability claim.
  3. Ensure Comprehensive Testing: The FCE should be thorough, often involving several hours of testing that examines different physical functions and endurance levels. The more detailed the report, the better it can support a long-term disability claim.

By following these guidelines, you can ensure that your FCE provides the necessary evidence to support a disability claim and meets the courtโ€™s standards for objective, reliable evidence.

How BenGlassLaw Long-Term Disability Team Can Help You

If you came across this article because you’re going to file a long-term disability claim or have already been denied, we understand that you are stressed and probably have a lot of questions.

Contact us today! Our highly experienced long-term disability team can answer quick questions for free. If youโ€™d like us to take a โ€œdeeper diveโ€ into your policy and medical records to help you plan for the future, we offer a flat fee consultation (and if benefits are denied in the future and we handle your appeal, that consultation fee is credited to your appeal fee). No one plans to become disabled and lose their job. But we can help you plan for what comes next.

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Since 1995, BenGlassLaw has been helping sick, injured, and disabled workers fight unfair claim denials, get the benefits they paid for, and get their lives back on track. We are passionate about restoring our clientโ€™s denied benefits because insurance policies should be part of the solution, not a cause of additional stress. What makes our team unique?

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