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How Are Functional Limitations Assessed for My Disability Claim?

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How Are Functional Limitations Assessed for My Disability Claim?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
functional limitations and disability claims

What are Functional Limitations?

Having a functional limitation in Ontario means having a considerable impairment in the person’s ability to function in the condition, manner, or duration of life and work. To succeed in claiming disability you must establish that an injury or illness prevents you from performing essential duties of your pre-disability job in the first 24 months (“own occupation stage”) and any suitable job after that (“any occupation stage”). Ascertaining what your injury or illness is, or, put differently, a proper diagnosis is only part of the process. You must also prove that your injury or illness causes specific functional limitations that affect your ability to work.

Your functional limitations arising out of an injury or illness will be assessed right at the outset of your disability claim. It is usually done by your family doctor or a specialist completing an Attending Physician Statement in support of your application for disability benefits. In-person assessment and testing will be performed. In addition to explaining your diagnosis, prognosis, and treatments, your doctor will write about your restrictions and limitations (physical, psychiatric, cognitive, visual, cardiac, etc.) that affect your ability to perform activities of daily living, including managing essential work duties.

Functional Limitations and Disability

Disability insurer might ask your treating doctor for updated assessments of your functional limitations while you are in receipt of disability benefits already. A list of questions will be provided to your doctor. While your doctor might be inclined to limit his response to a very short letter repeating the diagnoses and that his/her opinion remains the same, it is very important that functional abilities evaluation be performed and results are delivered to your disability insurer in a timely fashion. The unsatisfactory reply might result in your disability claim being denied on the basis of “lack of sufficient medical information to support your continuing disability”.

Disability insurer might periodically ask you to complete a Disability Questionnaire in order to assess the extent of functional limitations that you continue to claim.

Disability insurers might ask you to attend an in-person medical assessment with their doctor(s) in order to measure your functional restrictions. Such assessment is usually done via standardized testing of physical, psychological, cognitive, or other abilities.
Your functional limitations might be assessed via an independent paper review commissioned by your disability insurer. Your medical records will be usually reviewed by a GP, who will then answer a series of questions about what functional limitations a person with your diagnosis is expected to have and for how long.

Evaluating Your Functional Abilities

Functional Abilities Evaluation is another way of evaluating your functional limitations. Normally requisitioned by your disability insurer, it involves comprehensive testing of your physical tolerance abilities with respect to musculoskeletal strength, endurance, speed, and flexibility. Such testing might be done in conjunction with Transferrable Skill Analysis in order to determine a pool of jobs that you might still be able to effectively perform based on your test results.

Assessment of functional limitations in disability context is needed in order to gauge the ways in which your disability affects your capacity to handle the essential duties of your employment. If your tolerance for standing and walking is seriously restricted, for example, due to some injury or illness, you might still be determined physically able to perform some sedentary job. It would be prudent to contact an experienced disability lawyer for advice if your disability insurer claims that your claim has been denied because there are plenty of alternate jobs that you should still be able to manage while being disabled.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

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Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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