CalPERS Disability Retirement Attorneys

Attorneys Explain Hidden Role of Functional Capacity Evaluations in Disability Retirement Cases

Many California public employees pursuing disability retirement benefits are surprised when they’re scheduled for something called a Functional Capacity Evaluation, or “FCE.” On the surface, it looks like a routine medical assessment, but in practice, it can make or break a disability retirement application.

Unlike workers’ compensation exams that focus on diagnosing and rating impairment, an FCE evaluates how a person’s condition affects their ability to perform specific job duties — such as lifting, bending, standing, or responding to stress. In California, retirement boards such as CalPERS and county systems like OCERS often rely heavily on these evaluations when determining whether an employee is permanently incapacitated from performing their usual job.

In this article, the California disability retirement attorneys at Cantrell Green explain why FCEs carry so much weight in the decision-making process, how they differ from other medical reports, and what public employees can do to ensure the evaluation accurately reflects their limitations.

Why Functional Capacity Evaluations Matter in Disability Retirement

A Functional Capacity Evaluation is an evidence-based, standardized test performed by a licensed physical or occupational therapist. The goal is to measure the claimant’s functional abilities — what they can and cannot do safely and repeatedly — rather than simply document symptoms.

In California disability retirement cases, the FCE provides objective data about how an employee’s medical condition affects their capacity to perform essential duties. Retirement boards rely on this data because it offers a concrete, measurable picture of functional limitation. For example, a report might state that a worker can lift only 10 pounds occasionally, or can sit no more than 20 minutes without pain.

CalPERS and county retirement systems evaluate these findings against the employee’s job description. If the essential tasks exceed the worker’s demonstrated capacity, they are typically found to be “incapacitated for duty.”

The California disability retirement attorneys at Cantrell Green note that FCE results often carry more influence than treating physician opinions — especially if the FCE appears objective and detailed — making preparation critical for claim success.

How FCEs Differ from Workers’ Compensation Evaluations

In the workers’ compensation system, physicians use impairment rating guidelines set forth by the American Medical Association (AMA Guides, 5th Edition) to assign a percentage of permanent disability. That number determines monetary compensation but does not necessarily describe whether the employee can still perform their regular work.

An FCE, by contrast, focuses on practical ability — endurance, posture, movement, grip, dexterity, and cognitive tolerance. It evaluates function rather than impairment percentage. As a result, an employee who receives a relatively low workers’ comp rating may still qualify for disability retirement if the FCE demonstrates that they cannot safely carry out critical job functions.

This difference is particularly important in California disability retirement cases involving cumulative trauma, orthopedic degeneration, or neurological issues, where standard impairment ratings fail to capture real-world limitations. The California disability retirement attorneys at Cantrell Green often use FCE evidence to bridge that gap and present a full picture of incapacity before the board.

Who Performs the Evaluation and How It’s Conducted

Most FCEs are performed by licensed physical therapists with certification in occupational testing. The evaluation typically lasts three to four hours, sometimes longer for complex cases. The process includes:

• A review of the medical history and job description;
• A physical examination and strength testing;
• Simulated work tasks (lifting, pushing, climbing, or computer use);
• Endurance and cardiovascular assessments;
• Documentation of pain behaviors, range of motion, and consistency of effort.

While the testing is intended to be objective, interpretation still plays a role. Small discrepancies between the FCE findings and medical records can lead to disputes about credibility. For that reason, employees are advised to attend the evaluation well-rested, bring accurate documentation, and communicate honestly about symptoms and limitations.

The California disability retirement attorneys at Cantrell Green often help clients prepare for FCEs by reviewing job requirements, ensuring all relevant medical records are provided, and discussing what to expect during the test. Proper preparation can prevent misinterpretation and strengthen the resulting report.

Common Problems with Functional Capacity Evaluations

Although FCEs are designed to be fair and objective, real-world challenges sometimes undermine their accuracy. Some evaluators, for example, may not fully understand the physical or psychological demands of public-sector jobs such as firefighting, law enforcement, or nursing. Others may rely on standardized industrial benchmarks that don’t match the specific duties of the claimant’s role.

Fatigue, anxiety, or pain flare-ups during the test can also distort results. Because the evaluation typically occurs in a single session, it may not reflect how the worker performs over an eight-hour day or during a full workweek.

Additionally, retirement boards may overemphasize a single FCE while overlooking years of consistent medical documentation. The California disability retirement attorneys at Cantrell Green review these reports carefully, comparing them to treating physician notes and prior testing to ensure the retirement board receives a balanced, accurate assessment of the claimant’s true limitations.

How FCE Evidence Is Used by Retirement Boards

After the evaluation, the FCE report is submitted to the retirement board’s medical advisor or independent reviewer. The report is compared against the employee’s official job description, which lists essential tasks as defined by the employer. If the FCE shows that the employee cannot safely perform those tasks, it becomes key evidence supporting permanent incapacity.

In CalPERS and OCERS cases, this report often becomes the foundation of the medical recommendation to the board. The evaluation may also be used in appeal hearings or administrative law proceedings if the initial claim is denied.

Because of its influence, even minor errors or omissions in the FCE can affect the outcome. The California disability retirement attorneys at Cantrell Green routinely present supplemental evidence — including treating physician clarifications or vocational expert opinions — to ensure the retirement board interprets the FCE findings correctly.

Appealing a Disability Retirement Denial Based on an FCE

When a claim is denied because the board believes the FCE shows the employee can still perform their job, the decision can be appealed. The appeals process typically involves requesting an administrative hearing before an Administrative Law Judge (ALJ), where both sides present evidence and testimony.

Challenging an unfavorable FCE requires identifying methodological flaws or inconsistencies. Examples include inadequate testing duration, improper comparison to job duties, or lack of consideration for pain and fatigue. Expert witnesses can help explain why the FCE does not accurately represent the claimant’s condition.

The California disability retirement attorneys at Cantrell Green have extensive experience handling these appeals. They work with medical professionals and occupational experts to clarify the record, ensure that functional limitations are properly documented, and demonstrate to the board or ALJ why disability retirement is warranted.

Preparing for a Functional Capacity Evaluation

Preparation can make a substantial difference in outcome. Employees should review their job descriptions in advance, note specific tasks that cause pain or limitation, and communicate these clearly during the evaluation. It’s also important to be consistent — exaggerating or minimizing symptoms can undermine credibility.

The California disability retirement attorneys at Cantrell Green encourage clients to maintain honesty and composure during the test, focusing on accuracy rather than performance. By understanding the purpose and scope of the FCE, claimants can present the most authentic picture of their abilities and limitations.

Disability Retirement Attorneys | California

Functional Capacity Evaluations are one of the most influential pieces of evidence in California disability retirement cases — but they’re also among the most misunderstood. An FCE can help establish eligibility for benefits, or it can lead to denial if the report is incomplete or misinterpreted. The California disability retirement attorneys at Cantrell Green help public employees navigate this process, ensuring that their evaluations accurately reflect their conditions and that the results are properly presented to the retirement board.

If you’re preparing for a Functional Capacity Evaluation or have been denied disability retirement based on an FCE report, schedule an appointment with Cantrell Green to discuss your options and protect your right to the full benefits you’ve earned under California law.

Free Consultation with a Disability Retirement Attorney: 562-622-4800

This article is general in nature and not intended as legal advice. It may or may not reflect the rules, laws or regulations governing how your public retirement system is administered. If you have question about a specific public employee retirement system, call our disability retirment attorneys at: 562-622-4800