Ocala disability attorneys sometimes deal with the legal issue of the Social Security Administration’s requirements for residual functional capacity (RFC) with regard to alternating sitting and standing. A person who needs to alternately sit and stand presents a special situation and many vocational experts treat the RFC of having to alternate between sitting and standing as falling between the RFC for sedentary work and the RFC for light work.
In some disability claims, the medical evidence results in an RFC assessment that is compatible with the performance of sedentary work or light work as long as the person can alternate between periods of sitting and standing during the course of his or her regular eight-hour workday. This means that the individual may be capable of sitting for a certain period, but must get up and stand or walk for a certain period before he or she is able to sit back down again.
When a person must frequently alternate between sitting and standing that person is not functionally capable of prolonged periods of sitting as is required for sedentary work. That person is also not functionally capable of the prolonged standing or walking that is required for most light work.
There are many jobs, such as professional and managerial positions, that allow a person to sit and stand at will. If an individual had such a job and is still capable of carrying out his or her job duties or is capable of transferring his or her existing work skills to such a job, then the Social Security Administration will conclude that he or she is not disabled.
However, most jobs require that an employee be in a certain place or posture for a specific amount of time to accomplish a particular task. Most unskilled types of jobs are particularly structured and employees cannot ordinarily sit or stand whenever the need arises.
Your disability lawyer may decide to submit a report to the administrative law judge (ALJ) regarding the issue of alternate sitting and standing. If so, a vocational expert hired on your behalf may prepare this report.
If you suffer from standing and walking limitations and would like assistance with your Social Security disability claim from an experienced Ocala disability attorney, contact the CJ Henry Law Firm at 352.304.5300 or visit our website at www.cjhenrylaw.com for more information.
