Functional Capacity Evaluations in Disability Lawsuits
When disability claims are denied, insurers often argue the claimant is still capable of working, citing "too subjective" doctor's notes or "no functional proof" of limitations. A **Functional Capacity Evaluation (FCE)** becomes critical in such situations.
An FCE is an **objective, standardized test that measures your physical and cognitive ability to perform work-related tasks**—sitting, lifting, standing, focusing, and more. For Alberta disability lawsuits, FCEs are among the most powerful forms of medical evidence you can present.
As Alberta disability lawyers who have defended insurance companies, we understand how insurers interpret these assessments and how to use them to prove genuine disability and overturn denials.
This guide explains:
What Is a Disability Claim?
Disability insurance provides income replacement when a physical or psychological condition prevents you from working. In Alberta, claimants are generally covered by:
What Is a Functional Capacity Evaluation (FCE)?
A **Functional Capacity Evaluation** is a comprehensive, standardized test administered by a qualified occupational therapist, kinesiologist, or physiotherapist. It evaluates your **ability to perform job-related physical and cognitive tasks** safely and consistently.
Lifting, carrying, and reaching tests
Measures physical strength and range of motion.
Sitting, standing, and walking tolerance
Assesses endurance and positional tolerance.
Hand strength and dexterity tests
Evaluates fine motor skills and grip strength.
Postural and balance assessments
Tests stability and coordination.
Cardiovascular endurance
Measures aerobic capacity and stamina.
Cognitive, concentration, and memory exercises
In hybrid or neuro-FCEs, assesses mental function.
Pain behaviour and fatigue observation
Documents how symptoms affect performance.
Consistency-of-effort analysis
Validates the reliability of test results.
The goal is to establish an accurate picture of your **functional limitations**—not just your diagnosis.
Steps to Take When Your Disability Claim Is Denied
If your disability claim has been denied, taking the right steps can protect your rights and strengthen your case.
Review the denial letter carefully
Understand the specific reasons for the denial.
Gather all medical records
Collect reports from all treating physicians and specialists.
Consult with a disability lawyer
Get expert legal advice on your options and rights.
Consider requesting an independent FCE
If your lawyer recommends it, arrange for an FCE through a neutral evaluator.
File your appeal or lawsuit within the limitation period
Ensure you meet Alberta's two-year deadline from the date of denial.
How a Lawyer Helps with FCEs and Disability Claims
An experienced disability lawyer can coordinate FCEs strategically and use them effectively to strengthen your case.
Coordinating Independent FCEs
Arranging evaluations through neutral, credible evaluators to avoid insurer bias.
Interpreting FCE Results
Understanding how to present FCE findings to maximize their impact.
Challenging Biased FCEs
Countering insurer-arranged FCEs that may be manipulated or biased.
Integrating FCE Evidence
Combining FCE results with medical and vocational reports for maximum impact.
Negotiating Settlements
Using FCE data to secure fair compensation and avoid unnecessary litigation.
Frequently Asked Questions
Conclusion
Functional Capacity Evaluations are one of the most effective tools in disability litigation. They transform vague symptoms into hard evidence — the kind insurers can't dismiss.
An FCE provides objective, measurable proof of your limitations.
Independent assessments carry more weight than insurer-arranged ones.
Combined with medical and vocational reports, FCEs can dramatically increase settlement value.
Legal coordination ensures your FCE aligns perfectly with your case strategy.
Still have questions? Contact us today for a free consultation.
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