Functional Capacity Evaluation: Advice From A Disability Lawyer

If you're a Canadian unable to work due to illness or injury, you're not alone. While it can be frustrating, disability insurance provides crucial financial support, even if it doesn't fully replace your usual income.

Insurance companies may urge you to return to work once they believe you've had enough time to recover from your medical condition. To evaluate your condition, they may request that you undergo an assessment called a Functional Capacity Evaluation.

If this is happening to you, don’t panic. We’ll provide you with the information and advice you need to ensure that you maintain your benefits if you still depend on them.

Were you asked to attend a Functional Capacity Evaluation? Contact Share Lawyers for a powerful legal advocate.

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What is a Functional Capacity Evaluation?

The term "Functional Capacity Evaluation" might sound intimidating, but it’s simply a thorough assessment to understand your physical and mental abilities for work-related tasks.

The goal of these assessments is to identify your physical and mental abilities and limitations. The information gleaned from the assessment is then used in various ways, such as determining your eligibility for disability benefits, planning effective rehabilitation, or deciding on a safe return-to-work plan.

Typically, these tests determine whether you can perform the duties of your current job or another type of work. The final report illustrates the activities you can safely engage in after your injury or illness.

Here are the critical components of a Functional Capacity Evaluation:

Critical Components of a Functional Capacity Evaluation

Medical History Review

The evaluator will review your medical records, including prior injuries, illnesses, surgeries, and treatments.

Physical Assessments

Tests that measure your strength, endurance, flexibility, and range of motion are standard. These include:


  • Lifting and carrying weights
  • Pushing and pulling objects
  • Walking, climbing stairs, and balancing
  • Dexterity and coordination tasks

Cognitive and Psychological Assessments

This portion of the evaluation will assess your mental functions, such as memory, concentration, problem-solving abilities, and emotional stability.

Work Simulation Tasks

You may be asked to perform tasks that simulate your specific job duties to evaluate your ability to carry out work-related tasks.

Pain and Symptom Reporting

Your evaluation will consider your personal reports of pain and other symptoms and how these affect your functional abilities.

Consistency and Effort Training

Assessing your consistency of effort and reliability of your performance during the tests will be noted to ensure accurate results.

Circumstances and Length

Functional Capacity Evaluations are one-on-one examinations conducted by a specialist. These evaluations may take several hours and are often spread out over multiple appointments across multiple days.

Functional Capacity FAQs

Who Performs the Functional Capacity Evaluation?

Functional Capacity Evaluations are performed by trained medical professionals, with a specific type of professional who’s experienced in your injury or illness. For example, if you have a musculoskeletal injury, a physiotherapist might conduct the evaluation.


If your condition involves cognitive or psychological aspects, an occupational therapist or psychologist may be involved. These experts ensure your assessment is thorough, personalized, and accurately represents your abilities and limitations with respect to fulfilling your job duties.


Am I Required to Attend a Functional Capacity Evaluation?

If your insurance company requests that you attend a Functional Capacity Evaluation (FCE), it is generally mandatory. This evaluation is vital in assessing your abilities and determining your ongoing eligibility for long term disability benefits.

Refusing or failing to attend can significantly impact your claim and benefits, potentially leading to a suspension or termination of your benefits. It’s essential to comply with this request to ensure you continue receiving the support you need.


What are My Rights and Options?

If you are asked to attend a Functional Capacity Evaluation in Canada and have concerns or feel uncertain about the process, you have options.

  1. Consult with a Disability Lawyer: Seeking advice from a lawyer specializing in disability claims, like Share Lawyers, can be a big help. We provide guidance based on your situation, help you understand your rights, and recommend a path forward.
  2. Request a Second Opinion: If you believe the Functional Capacity Evaluation is biased or unfair, you can request a second opinion from another medical professional.
  3. Document Everything: Keep detailed records of all communications with your insurance company and any medical evaluations. This information can be crucial if you need to challenge any decisions or actions your insurance company takes.
  4. Listen to Your Body: Nobody knows better than you how your condition affects your ability to work. Your insurance company cannot force you to return to work, even with a Functional Capacity Evaluation. However, it can threaten to terminate your benefits.

If your injury or illness persists and you don’t feel ready to return to work, seek counsel from a legal professional like Share Lawyers. We will advocate on your behalf and ensure you receive the benefits you depend on during this trying time.


Share Lawyers Protect Your Rights

At Share Lawyers, we understand how crucial your benefits are to your health and recovery. We also know how intimidating it can be to be asked to attend a Functional Capacity Evaluation, especially if you feel you are not yet ready to return to work.

That's why we leverage our 35+ years of disability law experience to advocate on your behalf. We take on the burden for our clients, including gathering evidence, managing all correspondence with the insurance company, and building a strong case if necessary.

We offer free consultations and work on a contingency-fee basis, meaning we don’t get paid until you do.

“Share Lawyers were great to deal with. They inform you upfront what the process will be and explain things in detail. They listen to your concerns and provide legal advice so you can make informed decisions. My case was resolved to my satisfaction. I believe I would not have had the same results if I did not work with Share Lawyers.”


  • Jason D.

You don’t have to face this alone. Let us stand by your side and fight for the benefits you deserve.

Still need more information on Functional Capacity Evaluations? A quick conversation with one of our lawyers will help answer your questions and provide a path forward.

Contact Share Lawyers today and let our 35+ years of experience work for you. We can help you win your case againstCanada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies.Our legal team offers a free consultation and works on a contingency basis. There are no fees unless you win your case.

We’re here to support you during this difficult time

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