The claimant has moderate limitation in detailed and complex
tasks and in interacting with supervisors, coworkers, and the public. That is the general framework of limitations
that are set forth by examining psychologists/psychiatrists and part of the work
sheet portion of the mental residual functional capacity assessment made by
state agency psychologists/psychiatrists.
Moderate limitations are ambiguous.
The claimant, representative, and the ALJ have no idea what moderate means. If we had a case worth a half a million
dollars, we would resolve that ambiguity before trial. Many time, we have exactly that, a half a
million dollar case. Every Social
Security disability case, whether involving disability insurance or
supplemental security income is a big case by standards applicable to other legal
endeavors. To the client, it isn’t big,
it is everything. So let’s propound
interrogatories to the examining and non-examining psychologists/psychiatrists based
upon POMS DI 25020.010 and the Dictionary of Occupational Titles, Appendix C.
Be judicious and ask the questions reasonably related to the opinions expressed. For instance, a psychiatrist that opines that the claimant with low average or borderline intellectual functioning can do complex work, it is reasonable to ask about reasoning level 4. Other reasoning levels apply when the claimant has a skilled background and a colorable mental impairment, even non-severe.
INTERROGATORIES TO <NAME OF PSYCHOLOGIST/PSYCHIATRIST>
1. Did you examine (review the record for) <client name> on <date of evaluation>?
__________________________
2.
Is the
document attached as exhibit <exhibit no.> a true copy of your report of
findings and opinions?
__________________________
3.
In the <functional assessment title>, you
describe <client name> as having moderate limitations in <designate
the functional limitation>. Can <client
name> sustain of a full-time regular work schedule (mark all that apply)
where the employer treats the function as critical to performing work:
A.
Memory Functions
o
Remember work-like procedures (locations are not critical).
o
Understand and remember very short and simple instructions.
o
Carry out very short and simple instructions.
o
Apply principles of logical or scientific thinking to a wide range of
intellectual and practical problems. Deal with nonverbal symbolism (formulas,
scientific equations, graphs, musical notes, etc.) in its most difficult
phases. Deal with a variety of abstract and concrete variables. Apprehend the
most abstruse classes of concepts.
o Apply principles of logical or scientific
thinking to define problems, collect data, establish facts, and draw valid
conclusions. Interpret an extensive variety of technical instructions in
mathematical or diagrammatic form. Deal with several abstract and concrete
variables.
o Apply principles of rational systems to solve
practical problems and deal with a variety of concrete variables in situations
where only limited standardization exists. Interpret a variety of instructions
furnished in written, oral, diagrammatic, or schedule form.
o
Apply commonsense understanding to carry out instructions furnished in written,
oral, or diagrammatic form. Deal with problems involving several concrete
variables in or from standardized situations.
o
Apply commonsense understanding to carry out detailed but uninvolved written or
oral instructions. Deal with problems involving a few concrete variables in or
from standardized situations.
o
Apply commonsense understanding to carry out simple one- or two-step
instructions. Deal with standardized situations with occasional or no variables
in or from these situations encountered on the job.
B.
Concentration, Persistence and Pace Functions
o
Maintain attention for extended periods of 2-hour segments (concentration is
not critical).
o
Maintain regular attendance and be punctual within customary tolerances. (These
tolerances are usually strict.) Maintaining a schedule is not critical.
o Sustain an ordinary routine without special supervision.
o
Work in coordination with or proximity to others without being (unduly)
distracted by them.
o
Make simple work-related decisions.
o
Complete a normal workday and workweek without interruptions from
psychologically based symptoms and perform at a consistent pace without an
unreasonable number and length of rest periods. (These requirements are
usually strict.)
C.
SOCIAL FUNCTIONS
o
Ask simple questions or request assistance.
o
Accept instructions and respond appropriately to criticism from supervisors.
o
Get along with coworkers or peers without (unduly) distracting them or
exhibiting behavioral extremes.
D. ADAPTATION
FUNCTIONS
o
Respond appropriately to changes in a (routine) work setting.
o
Be aware of normal hazards and take appropriate precautions.
I declare under penalty of perjury that the foregoing are my true and correct opinions.
Executed this ___ day of ___________, ____, at _____________, _________.
<signature block>Be aggressive in using interrogatories, your client's entitlement to benefits may depend on it.
