APPLYING FOR DISABILITY - THE FORMS
Social Security invented forms. They love them. Here are some of the typical forms you will be asked to complete when you file an application for Social Security disability benefits. Knowing how these forms will be used may help you in answering the questions or providing the information.
DISABILITY APPLICATION: This form provides Social Security with basic information such as your name, contact information, birthday, impairments, education, etc.
DISABILITY REPORT: This 14 page report asks detailed questions about your illnesses or injury. It will ask for the name, address and phone number of each doctor, clinic or hospital that treated you, what kind of treatment you received, when you received it, and what tests you had. You will need to list each medication you were prescribed, when it was first prescribed, what it is for, and the daily dosage. This form will be used to determine if you have a "medically determinable impairment." It will also be the form used to get medical records from each your doctors and treatment providers. It must be accurate and complete. If you don't know dates, estimate as closely as possible.
FUNCTION REPORT: This 8 page report will ask many questions about your daily activities and limitations in activities of daily living. Social Security will use your answers to determine the severity of your impairment(s) and your residual functional capacity (RFC). The form will ask questions about household work, how often you go shopping, how you travel to get to stores, how much shopping you do. It will ask whether you can prepare your own meals, and how long it takes you to do so. You will be asked if you can shave, shower, or if you need help with walking, etc. I find that claimants often "short change" themselves on these forms by failing to adequately describe their restrictions. Be truthful but give yourself the benefit of actual limitations from which you suffer.
JOB HISTORY REPORT: This form asks for the job titles, type of work, and rate of pay for jobs you performed within the 15 year period prior to the alleged date of disability. This 15-year period comprises "Past Relevant Work." You will be asked to describe the duties of each job in detail. For instance, what was the heaviest weight you lifted? What was the heaviest weight you frequently lifted? How much sitting, standing, walking, bending, crouching, crawling, climbing, reaching, etc. did you do each day? I want to give one example below of how one of my clients recently "short changed" himself on this form - and if we had not caught the error and changed it, the mistake could have caused him to lose all his benefits.
The question asked, "How much weight did you frequently lift in this job?" (Frequently is defined by SSA as "up to two-thirds of an 8-hour work day"). This claimant, who was an auto parts delivery driver, answered "10 pounds."
On review, he explained, "I usually don't deliver parts that weight over 10 pounds each." Then I asked, "Do you carry them one at a time or do you carry more than one at a time?" He replied, "Of course, I carry 3 or 4 at time; otherwise, I couldn't keep up." So, his 10 pounds really became 30 to 40 pounds - a big difference. The other thing to note here is that you are not talking about performing the lifting one time. If you "frequently" lift 20 pounds on your job, that means you are repetitively lifting 20 pounds up to two-thirds of an 8-hour day, which amounts to lifting 20 pounds for about five and one-half hours per day, 5 days per week, 52 weeks out of the year. (This is called "persistence"). If you can lift 20 pounds only once in a while, you fail the persistence required for full time, remunerative work.
So, be careful with these forms and the answers you provide. Again, honesty is important. But honesty also demands honesty when it favors your case--not just when it favors Social Security. These forms, by the way, follow your case for the remainder of its life. They can be brought up at every level of appeal - and can work for you or against you. Take them very seriously!
THE FORSYTHE FIRM
(256) 799-0297 for our Huntsville, AL office
(615) 732-6159 for our Nashville, Tn office
DISABILITY APPLICATION: This form provides Social Security with basic information such as your name, contact information, birthday, impairments, education, etc.
DISABILITY REPORT: This 14 page report asks detailed questions about your illnesses or injury. It will ask for the name, address and phone number of each doctor, clinic or hospital that treated you, what kind of treatment you received, when you received it, and what tests you had. You will need to list each medication you were prescribed, when it was first prescribed, what it is for, and the daily dosage. This form will be used to determine if you have a "medically determinable impairment." It will also be the form used to get medical records from each your doctors and treatment providers. It must be accurate and complete. If you don't know dates, estimate as closely as possible.
FUNCTION REPORT: This 8 page report will ask many questions about your daily activities and limitations in activities of daily living. Social Security will use your answers to determine the severity of your impairment(s) and your residual functional capacity (RFC). The form will ask questions about household work, how often you go shopping, how you travel to get to stores, how much shopping you do. It will ask whether you can prepare your own meals, and how long it takes you to do so. You will be asked if you can shave, shower, or if you need help with walking, etc. I find that claimants often "short change" themselves on these forms by failing to adequately describe their restrictions. Be truthful but give yourself the benefit of actual limitations from which you suffer.
JOB HISTORY REPORT: This form asks for the job titles, type of work, and rate of pay for jobs you performed within the 15 year period prior to the alleged date of disability. This 15-year period comprises "Past Relevant Work." You will be asked to describe the duties of each job in detail. For instance, what was the heaviest weight you lifted? What was the heaviest weight you frequently lifted? How much sitting, standing, walking, bending, crouching, crawling, climbing, reaching, etc. did you do each day? I want to give one example below of how one of my clients recently "short changed" himself on this form - and if we had not caught the error and changed it, the mistake could have caused him to lose all his benefits.
The question asked, "How much weight did you frequently lift in this job?" (Frequently is defined by SSA as "up to two-thirds of an 8-hour work day"). This claimant, who was an auto parts delivery driver, answered "10 pounds."
On review, he explained, "I usually don't deliver parts that weight over 10 pounds each." Then I asked, "Do you carry them one at a time or do you carry more than one at a time?" He replied, "Of course, I carry 3 or 4 at time; otherwise, I couldn't keep up." So, his 10 pounds really became 30 to 40 pounds - a big difference. The other thing to note here is that you are not talking about performing the lifting one time. If you "frequently" lift 20 pounds on your job, that means you are repetitively lifting 20 pounds up to two-thirds of an 8-hour day, which amounts to lifting 20 pounds for about five and one-half hours per day, 5 days per week, 52 weeks out of the year. (This is called "persistence"). If you can lift 20 pounds only once in a while, you fail the persistence required for full time, remunerative work.
So, be careful with these forms and the answers you provide. Again, honesty is important. But honesty also demands honesty when it favors your case--not just when it favors Social Security. These forms, by the way, follow your case for the remainder of its life. They can be brought up at every level of appeal - and can work for you or against you. Take them very seriously!
THE FORSYTHE FIRM
(615) 732-6159 for our Nashville, Tn office
Comments
Post a Comment