ALJ’s Can’t “Make Up” an RFC

It is common for some Judges to give an opinion or finding on the claimant’s residual functional capacity (RFC) that is incongruent with the medical opinions found in the evidence.  Such an approach is inappropriate if the ALJ fails to provide a sufficient basis for his/her conclusions. In an excellent Practice Tip written by Barry Schultz (Social Security Forum, Volume 33, No. 12, December 2011), the following cases are identified as addressing this issue:  Eakin v. Astrue, 432 Fed.Appx. 607 (7th Cir. 2011); Briscoe v. Barnhart, 425 F.3d 345 (7th Cir. 2005); Suide v. Astrue, 371 Fed.Appx. 684 (7th Cir. 2010); Scott v. Astrue, 647 F.3d 734 (7th Cir. 2011).

The Hamilton Firm: Patrick A. Cruise


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