If the FO cannot make a capability determination, but capability is questionable (e.g.,
allegation of schizophrenia or intellectual disability, other allegation of mental
disorders, or other noticeable abnormal behavior of the individual), the FO can request
the DDS to give an opinion on the issue of capability when making a disability determination.
The FO may also simultaneously initiate and develop evidence of capability or evidence
from the claimant’s doctor using an SSA-787 (Physician’s/Medical Officer’s Statement).
To request that the DDS develop capability, the FO must:
Check the box on SSA-3367 in the Electronic Disability Collect System (EDCS) Capability/Rmk
Document the most obvious mental abnormalities in the Observations section of the
SSA-3367 (Disability Report – Field Office) in EDCS; and
Explain in the Remarks section of the SSA-3367 in EDCS why the DDS needs to develop
NOTE: If the claim is an Electronic Folder exclusion, use the paper SSA-3367 to record
observations (Section 9), explaining in the Remarks section (Section 11) the reason
for the request for capability development. For additional information about electronic
processing exclusions, see DI 81010.030. If the case is an MSSICS exclusion, include the remark “Capability Development Needed”
in Section 11 (Remarks) of the SSA-831 (Disability Determination and Transmittal).
For additional information, see MSOM MSSICS 001.003.
REMINDER: The FO must establish a list of third-party contacts (e.g., community organizations,
family, or friends) that are able to support the claimant's allegation of mental illness.