Electronic medical record with patient data and health care information in tablet.

How to Obtain Your Medical Records for Social Security Benefits

Obtaining your medical records is a critical step in the Social Security Disability (SSD) application process. These records serve as the backbone of your claim, providing evidence that your condition meets the Social Security Administration’s (SSA) definition of disability. Here’s how to gather the necessary medical records, common pitfalls to avoid, and tips for ensuring your records support your claim.

Why Medical Records Are Important

Medical records provide the proof that SSA needs to evaluate whether your condition qualifies you for disability benefits. They document your diagnosis, treatments, tests, and how your condition limits your ability to work. Without sufficient medical evidence, it’s unlikely that SSA will approve your claim, even if you have a severe disability.

Some claimants assume that SSA will automatically gather all their medical records, but this is a common misconception. While SSA may request records, it’s ultimately your responsibility to ensure they have all the relevant documentation.

Steps to Obtain Your Medical Records

  1. Identify all treating doctors and medical facilities: Begin by making a list of every doctor, specialist, hospital, clinic, and medical facility where you’ve received treatment for your condition. Include names, addresses, and phone numbers.
  2. Request records from each provider: Contact each healthcare provider and request your medical records. Be specific about the documents you need, such as treatment notes, diagnostic test results, and imaging reports.
  3. Sign release forms: Most medical facilities require you to sign a release form to obtain your records. You can typically do this in person, online, or by mail. Be prepared to show proof of identity and provide your Social Security number.
  4. Request your complete medical history: Ensure you’re requesting all relevant documents, not just recent records. SSA needs a comprehensive view of your condition, including past treatments and tests.
  5. Follow up: Medical facilities can sometimes take weeks to provide records. Follow up with each provider to ensure they’ve sent the records, especially if SSA requests them directly.
  6. Review the records: Before submitting them to SSA, review the records to ensure they are complete and accurately reflect your condition. Check that the records include specific details about how your condition limits your ability to work.

Tips for Gathering Medical Records

  • Ask your doctor for a Medical Source Statement (MSS): In addition to your medical records, ask your treating physician to complete an MSS that details your functional limitations. This statement can provide crucial support for your claim.
  • Request records early: Gathering medical records can take time, so start the process as soon as possible. Delays in obtaining records can slow down your application or lead to a denial if SSA doesn’t have the information they need.
  • Organize your records: Keep copies of all your medical records and organize them by date and provider. This will make it easier to submit additional evidence if needed later in the process.

Common Mistakes to Avoid

  • Only providing recent records: Many claimants mistakenly believe that only recent medical records are necessary. SSA needs a complete history of your condition, so include records from the onset of your disability.
  • Not requesting all types of records: Ensure you request all relevant documents, including lab results, imaging tests, and specialist reports. Omitting these records can weaken your claim.
  • Assuming SSA will gather all the records for you: While SSA may request your records, they may not receive everything they need. Always follow up to ensure SSA has received complete documentation.

How an Attorney Can Help

An experienced disability attorney can streamline the process of gathering medical records by coordinating with your healthcare providers and ensuring all necessary documents are submitted to SSA. Attorneys, like those at Disability Law Group, know exactly what SSA is looking for in your medical records and can help ensure nothing is missing or overlooked.

Working with an attorney can also help you avoid common mistakes, such as providing incomplete records or missing key deadlines. If you’re struggling to gather your medical records for your disability claim, contact Disability Law Group today for expert assistance in managing the process.

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How to Fill Out the Third-Party Function Report Step-by-Step

When applying for Social Security Disability benefits, you may be asked to provide a Third-Party Function Report, often completed by someone who knows you well, such as a family member, friend, or caregiver. This form helps the Social Security Administration (SSA) gain an outside perspective on how your condition affects your daily life and activities. Knowing how to approach this form—and ensuring the person completing it understands what SSA is looking for—can significantly strengthen your claim.

What Is a Third-Party Function Report?

The Third-Party Function Report (Form SSA-3380) is similar to the Function Report (Form SSA-3373) that you fill out yourself, but it’s completed by someone who has firsthand knowledge of your daily life and limitations. This report gives SSA additional insight into how your disability impacts you from an objective point of view.

This form covers various areas, including:

  • Your daily activities: What you can and cannot do during the day, including tasks like cooking, cleaning, and personal care.
  • Physical abilities: How well you can move around, such as walking, sitting, standing, and lifting objects.
  • Social interactions: Whether your condition affects your ability to socialize or maintain relationships.
  • Mental and emotional health: How your condition impacts your concentration, memory, or ability to handle stress.

The person filling out this report needs to provide specific examples of how your disability affects these areas of your life.

How to Choose the Right Person to Complete the Form

When selecting someone to fill out the Third-Party Function Report, choose a person who interacts with you regularly and can speak knowledgeably about how your condition affects your day-to-day activities. This might be:

  • A spouse or partner
  • A close family member (such as a sibling or parent)
  • A trusted friend or caregiver

Make sure the person you choose has a clear understanding of your condition and can provide detailed, honest answers.

Tips for Filling Out the Form

  1. Be Specific: The person completing the form should provide detailed examples of how your condition limits you. For example, instead of simply stating “They can’t walk very far,” they might say, “They can only walk for 5 minutes before needing to sit down due to knee pain.”
  2. Describe Good and Bad Days: Many medical conditions fluctuate, so it’s important to describe both good and bad days. For instance, someone with fibromyalgia might have days where they can manage light activities and days where they can’t get out of bed.
  3. Focus on Functionality: SSA wants to understand how your condition affects your ability to perform daily activities and work-related tasks. The person completing the report should focus on how your symptoms prevent you from doing things like shopping, cooking, driving, or working.
  4. Stay Honest: The person completing the form should avoid exaggerating or minimizing your limitations. Honest, accurate descriptions of your abilities will carry more weight with SSA than vague or inflated claims.

Common Mistakes to Avoid

  • Being too vague: A common mistake is providing answers that lack detail. For example, instead of saying “They need help getting dressed,” explain why—such as pain or stiffness that prevents you from bending or reaching.
  • Inconsistent answers: Make sure the information provided in the Third-Party Function Report is consistent with the answers you provided in your own Function Report. Inconsistencies can raise red flags for SSA.
  • Choosing someone who isn’t familiar with your condition: Select someone who regularly observes how your condition impacts your life. Avoid choosing someone who doesn’t have firsthand knowledge of your limitations.

How an Attorney Can Help

The Third-Party Function Report is an important piece of your disability claim, and it’s crucial that it is filled out correctly. An experienced disability attorney, like those at Disability Law Group, can help guide the person filling out the form to ensure that the answers are clear, detailed, and consistent with your medical records.

By working with an attorney, you can avoid common mistakes, ensure all relevant information is included, and present the strongest possible case to SSA. If you need help coordinating the completion of a Third-Party Function Report, contact Disability Law Group today for expert assistance.

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How to Create an SSA Account: A Step-by-Step Guide

Having an online account with the Social Security Administration (SSA) is an essential tool for managing your disability claim, tracking your benefits, and accessing important documents. Setting up your SSA account is simple, and it can make the disability process much easier by giving you access to key information at your fingertips. Here’s a step-by-step guide to creating your own SSA account and tips for using it effectively.

Why You Need an SSA Account

Creating an SSA account is especially helpful for anyone applying for disability benefits, as it allows you to:

  • Track your disability claim status: You can monitor the progress of your application or appeal, ensuring there are no delays or issues.
  • View your earnings history: SSA calculates your benefits based on your work history, and an online account lets you review your earnings to ensure accuracy.
  • Download and print benefit statements: If you’re approved for benefits, you can access and print official benefit verification letters directly from your account.
  • Manage personal information: You can update your address, phone number, and other contact information to ensure SSA can reach you easily.

Step-by-Step Instructions for Creating an SSA Account

  1. Go to the SSA website: Visit the official Social Security website at www.ssa.gov.
  2. Click on “my Social Security”: At the top of the homepage, you’ll see an option for “my Social Security.” Click on it to start the process.
  3. Create an account: You’ll be asked to provide personal information to verify your identity. This includes:
    • Your Social Security number
    • Date of birth
    • Home address
    • Email address

You’ll also need to create a username and password for your account.

  1. Verify your identity: SSA will ask you to answer security questions based on your credit report. These might include questions about previous addresses, loans, or credit card accounts. Be sure to answer these questions carefully.
  2. Set up two-step verification: For added security, SSA requires you to set up two-step verification for your account. This means you’ll need to provide a phone number or email address where you’ll receive a code each time you log in.
  3. Access your account: Once you’ve completed these steps, you’ll be able to log in and start using your SSA account. From here, you can check the status of your disability claim, view your earnings record, and update your personal information.

Tips for Using Your SSA Account

  • Check your claim status regularly: If you’ve applied for disability benefits, log in frequently to monitor the status of your application. SSA provides updates as your claim moves through the approval process.
  • Review your earnings record: Make sure that SSA has an accurate record of your work history. If there are any discrepancies, contact SSA to correct them immediately.
  • Download your benefit verification letter: If you’re approved for benefits, you can easily access and print your benefit verification letter through your account. This letter is often needed for housing, loans, or other financial matters.
  • Update your contact information: Keeping your address, phone number, and email up to date ensures that you won’t miss important notices from SSA.

Common Mistakes to Avoid

  • Using an outdated browser: SSA’s website requires an up-to-date browser for security reasons. Make sure your browser is current to avoid any technical issues while creating or using your account.
  • Forgetting your login information: Be sure to write down your username, password, and the answers to your security questions in a safe place. If you forget this information, it can be difficult to recover your account.
  • Not setting up two-step verification: Skipping the two-step verification process can leave your account vulnerable to unauthorized access. Make sure you complete this step for added security.

Why Working with an Attorney is Beneficial

While creating an SSA account is straightforward, navigating the disability application process can still be overwhelming. An experienced attorney, like those at Disability Law Group, can help you use your account to track the progress of your claim and ensure all necessary documentation is submitted on time.

An attorney can also assist in gathering medical records, responding to SSA requests, and appealing denials—helping to improve your chances of success. If you’re unsure how to manage your SSA account or need help with your disability claim, contact Disability Law Group today for expert guidance.

Closeup of patients hands and doctor taking notes.

What Happens After You See a Disability Doctor?

If you’ve been scheduled for a Consultative Exam (CE) by the Social Security Administration (SSA), you might wonder what happens next and how the results of that exam will impact your disability claim. The CE is a critical step, and understanding what to expect after the exam is key to maintaining control over your case.

Understanding the Purpose of the Consultative Exam

A Consultative Exam is ordered by SSA when they need more information to make a decision on your disability claim. This could happen if your medical records are incomplete, outdated, or if there’s conflicting information about your condition. The CE is conducted by an independent doctor, not your regular physician.

The purpose of the CE is not to provide treatment but to offer an unbiased evaluation of your physical or mental limitations. While many claimants worry about this step, it’s important to view it as an opportunity to further substantiate your disability claim.

After your CE, the doctor will send a report to SSA detailing their findings. SSA will then consider this report along with your medical records to make a decision about your eligibility for benefits.

How the Results Are Used

Once SSA receives the CE report, they will review it in conjunction with your existing medical records. If the findings align with your medical history and symptoms, the exam can help confirm the severity of your disability. However, if the report contradicts your medical records or downplays your symptoms, it could negatively impact your claim.

For example, if you’ve reported chronic back pain that limits your ability to sit or stand for long periods, but the CE report suggests you had no difficulty during the exam, SSA might question the credibility of your claim. This is why it’s important to be honest about your symptoms during the exam, even if you feel better than usual on the day of the CE.

What Happens After the Exam?

  1. SSA reviews the report: After the doctor submits their findings, SSA will review the CE report along with all other medical evidence in your file.
  2. Additional requests: In some cases, SSA may request more information, such as updated medical records or clarification from your doctor. Stay in touch with SSA to ensure all requested documents are provided promptly.
  3. Decision-making: SSA will make a decision based on the totality of the evidence. It’s important to remember that the CE is just one piece of the puzzle, and a single exam won’t automatically determine the outcome.
  4. Decision notification: Once SSA has made their decision, you will receive a letter in the mail. If approved, you’ll be informed of your benefits start date and payment amounts. If denied, you’ll be provided with an explanation and instructions on how to appeal the decision.

Common Mistakes to Avoid After a Consultative Exam

  • Not following up: Some claimants assume that the CE alone is enough. Make sure to follow up with SSA if they request additional documentation or clarification from your treating doctors.
  • Ignoring contradictions: If the CE report contradicts your medical records, address it immediately. You or your attorney can submit additional medical evidence to refute any inaccuracies.
  • Failing to keep your doctors informed: Ensure your treating physician is aware of the CE findings. They may be able to provide additional context or documentation to counter any discrepancies.

How an Experienced Attorney Can Help

Navigating the CE process can be complex, especially if the exam results aren’t in your favor. An experienced disability attorney, like those at DLG, can review the CE report and compare it with your existing medical records to ensure SSA has a clear and accurate picture of your condition. If the CE report contains errors or downplays your symptoms, an attorney can help submit additional medical evidence or appeal the decision if necessary.

Consultative Exams are an important part of the disability determination process, but they don’t have to be stressful. If you need help managing the next steps after your exam, Disability Law Group can provide guidance, ensuring your claim remains strong and consistent. Contact their experienced team today for help with any questions or concerns you have about your CE and the claims process.

Closeup of the boxes for social security number (SSN)

How to Fill Out the Social Security Function Report (Form SSA-3373)

Filling out the Social Security Function Report (Form SSA-3373) is an essential part of your disability claim. This form helps the Social Security Administration (SSA) understand how your daily activities are impacted by your medical condition. The more detailed and accurate your answers are, the stronger your case will be. Let’s break down the key sections and provide insights on how to complete the form effectively.

Understanding the Purpose of SSA-3373

The Function Report gives SSA insight into your physical, mental, and emotional limitations. Unlike medical records, which focus on diagnosis and treatment, this form is about how your condition impacts your daily life. This means you need to think carefully about how your symptoms affect even routine activities, such as dressing, cooking, or taking care of personal hygiene.

Many claimants make the mistake of assuming that only work-related limitations matter. However, SSA wants to know how your condition affects every aspect of your life. If you have trouble bathing or need assistance getting dressed, it’s important to note this on the form, even though it may not seem directly related to your ability to work.

Completing Key Sections

The Function Report is divided into multiple sections, each designed to cover a different aspect of your life. Here are the main areas and what to focus on in each:

  1. Daily Activities: Describe a typical day, including what you can and cannot do due to your condition. Be specific about tasks like cooking, cleaning, and personal care.

If you have chronic pain, for instance, explain how it affects your ability to get out of bed, prepare meals, or even brush your teeth. Don’t assume SSA will understand the severity of your symptoms—detail the impact clearly.

  1. Household Tasks: SSA wants to know if your condition limits your ability to perform household chores. If you struggle to complete tasks like vacuuming, laundry, or mowing the lawn, be honest about how long it takes or whether you require help from others.

For example, someone with severe arthritis might take twice as long to clean the house and may need to take frequent breaks due to pain and stiffness.

  1. Mobility and Transportation: This section focuses on your ability to move around, whether inside or outside the home. Be sure to mention if you have trouble walking, climbing stairs, or driving. If someone else drives you to appointments, explain why.
  2. Social Interactions: SSA wants to know how your condition affects your ability to socialize and maintain relationships. If you avoid social gatherings due to anxiety or depression, explain how your mental health limits your ability to engage with others.

For instance, if you used to enjoy spending time with friends but now find yourself isolated due to your condition, provide specific examples of how your social life has changed.

  1. Physical and Mental Abilities: This section is where you explain how your condition impacts your ability to lift, sit, stand, walk, focus, and remember things. It’s crucial to be honest about your limitations and avoid exaggerating or minimizing them.

Common Mistakes to Avoid

  • Being too vague: Instead of saying, “I have trouble walking,” explain that you can only walk for 10 minutes before needing to rest, or that you use a cane for support due to knee pain.
  • Failing to describe bad days: Many conditions, such as fibromyalgia or migraines, have fluctuating symptoms. Be sure to mention how bad days impact your ability to function.
  • Not mentioning the help you receive: If friends or family members assist you with daily tasks, include this information. SSA needs to know if you’re unable to perform certain activities without assistance.

Tips for Filling Out SSA-3373

  • Be honest but thorough: Don’t downplay your symptoms, but also avoid exaggerating. SSA looks for consistency between your Function Report and your medical records.
  • Use real examples: Provide specific examples of how your condition affects your day-to-day life. If you can only shower once every few days due to fatigue, explain why.
  • Detail changes over time: If your condition has worsened over time, make sure SSA understands that you were once able to perform certain tasks but now struggle to do so.

Filling out Form SSA-3373 can feel overwhelming, but providing detailed and accurate answers is essential to your disability claim. If you’re unsure how to complete the form or need help organizing your responses, Disability Law Group can guide you through the process. Their team will ensure your answers are clear, consistent, and aligned with your medical records, giving you the best chance of approval.

Serious professional senior elderly doctor doing paperwork checking medical documents at workplace.

Can My Doctor Help Me Get Disability Benefits? How Medical Evidence Supports Your Claim

When applying for Social Security Disability benefits, your doctor’s opinion can play a pivotal role in proving that you’re unable to work due to your condition. While SSA makes the final decision, a detailed statement from your treating physician can be the evidence that tips the scales in your favor.

How Your Doctor’s Opinion Can Support Your Claim

SSA places significant weight on the opinion of treating physicians, especially those who have been managing your condition for an extended period. This is why it’s important that your doctor’s medical records are not only detailed but consistent with your claim.

For example, if you’re suffering from severe rheumatoid arthritis, your doctor should provide records that explain how joint pain and inflammation prevent you from performing even simple tasks like typing or lifting. SSA looks at these functional limitations more than the diagnosis itself, so your doctor must explain how your condition specifically impacts your ability to work.

Many claimants make the mistake of assuming their doctor knows exactly what to write. However, SSA has specific criteria for evaluating disability claims, and your doctor’s input should align with these standards.

Doctors who are not familiar with the disability process might submit vague or incomplete information, which could hurt your case. This is where working with an attorney who understands the importance of detailed medical evidence can make a big difference. At DLG, we work closely with clients and their doctors to ensure the right information is provided.

What to Ask Your Doctor for

When requesting medical records or an MSS from your doctor, it’s important to ask for specific information that addresses how your condition limits your ability to perform work-related activities.

This might include:

  • Physical limitations: Can you sit, stand, or walk for extended periods? How much weight can you lift? Are there any repetitive tasks that cause you pain or fatigue?
  • Mental limitations: Does your condition affect your concentration, memory, or ability to handle stress? How often do you experience symptoms like anxiety or confusion?

For example, someone with chronic fatigue syndrome might have difficulty staying awake or focused throughout the day, making it impossible to maintain a regular work schedule. Your doctor’s notes should explain this in detail, emphasizing how your symptoms impact your ability to complete work tasks.

Being specific helps SSA understand the day-to-day challenges you face and why you’re unable to work, even in less physically demanding jobs.

Common Mistakes to Avoid

One of the biggest mistakes claimants make is failing to communicate with their doctors about the specifics of their disability claim. If your doctor doesn’t understand the SSA’s criteria, they might provide incomplete or irrelevant information.

Another mistake is assuming that SSA will gather all the necessary medical records on their own. While SSA will request your records, it’s your responsibility to ensure they receive the most comprehensive and relevant information. If records are missing or incomplete, your claim could be delayed or denied.

By working with a specialized disability attorney, you can avoid these pitfalls. Attorneys who focus solely on disability cases, like the team at DLG, know exactly what SSA is looking for and can help you gather the right medical evidence from the start.

Why Working with an Experienced Disability Attorney Matters

Doctors are often busy and may not have the time to thoroughly complete disability paperwork. An experienced attorney can help streamline this process by providing your doctor with clear instructions on what SSA needs to see. Attorneys also know how to follow up with medical providers, ensuring that nothing is overlooked.

Additionally, disability attorneys understand the nuances of the SSA’s evaluation process and can identify any gaps in your medical records that might weaken your claim. Having legal representation from the beginning of your case can prevent common mistakes, such as missing medical records or incomplete doctor statements, that often lead to denials.

Navigating the disability application process requires both strong medical evidence and a clear understanding of SSA’s criteria. By working with Disability Law Group, you can ensure your doctor’s input is aligned with SSA’s standards, giving you the best chance of success. Contact us today for expert assistance in gathering the medical evidence needed to support your claim.

Side view portrait of young man in wheelchair holding hands with friends and saying grace at dinner party in cozy setting sitting at the table and celebrating holiday.

Thanksgiving on a Budget: Tips for Those Navigating Disability

Thanksgiving is a time to gather with loved ones and reflect on what we’re grateful for, but we know it can also be a stressful time for those facing disabilities, especially when finances or physical limitations make it hard to celebrate in traditional ways. At Disability Law Group, we’ve gathered practical tips to help you enjoy a budget-friendly, low-stress Thanksgiving while still embracing the spirit of the season.

Tips and Ideas:

  1. Affordable Thanksgiving Meals:
    • Community Meals: Many churches, shelters, and community centers offer free Thanksgiving dinners. Contact local nonprofits or use resources like United Way (2-1-1) to find meal services near you.
    • Potluck Gatherings: If hosting or cooking a full meal feels overwhelming, ask friends or family to contribute by bringing a dish. A potluck approach can ease the burden and make the meal feel like a collaborative effort.
    • Low-Cost Meal Planning: Stick to budget-friendly ingredients like potatoes, beans, and seasonal vegetables. You don’t need to create a lavish spread to enjoy a meaningful meal.
  2. Accessible Cooking Tips:
    • Pre-Chopped Ingredients: Save energy and time by using pre-chopped or pre-prepared ingredients from the store. Many grocery stores offer these items at affordable prices.
    • Adaptive Cooking Tools: Consider using kitchen tools designed for those with mobility challenges, like easy-grip utensils or automatic choppers.
    • Meal Delivery Services: Some grocery stores and local restaurants offer affordable, pre-made Thanksgiving meal kits. If cooking isn’t an option, this can be a stress-free solution.
  3. Staying Connected and Grateful:
    • Virtual Gatherings: If you can’t travel or host guests, consider using video chat platforms like Zoom or FaceTime to share a meal with loved ones virtually. You can still enjoy the company of others while staying comfortable at home.
    • Gratitude Journaling: Reflecting on the positive aspects of your life can be a powerful way to feel connected to the Thanksgiving spirit. Consider keeping a gratitude journal or sharing what you’re thankful for with others.
  4. Community Resources:
    • Food Banks: Many food banks offer Thanksgiving meal kits. Reach out to Feeding America or other local food banks for assistance.
    • Free Meals for Seniors or Those with Disabilities: Programs like Meals on Wheels provide free or low-cost holiday meals delivered to your door. Find more at mealsonwheelsamerica.org.

Thanksgiving is about more than the food—it’s about connection, gratitude, and giving back. Whether you’re sharing a meal with family or embracing the day in your own unique way, remember to take it one step at a time and focus on what truly matters.

If you need help accessing local resources or have questions about your disability benefits, Disability Law Group is always here to guide you. Contact us today for support, whether it’s through the holiday season or beyond.

injured filling up claims

How to Fill Out SSA-3369: Mastering the Work History Report to Strengthen Your Claim

The Work History Report (SSA-3369) is a critical part of your disability claim. This form helps SSA evaluate whether your disability prevents you from doing your past work or adjusting to new types of work. How you describe your job duties and work limitations can significantly impact SSA’s decision, so it’s important to be thorough and accurate.

Why Detail Matters in the Work History Report

Your job history is more than just a list of roles; it tells SSA how physically and mentally demanding your work was, and why you can no longer perform these tasks due to your disability. For example, if you were a retail worker, simply saying “handled sales” doesn’t give SSA enough context. Instead, explain that your job involved standing for long hours, lifting boxes of inventory, and dealing with the stress of managing customer complaints.

Being vague or general in your job descriptions can lead SSA to assume that you’re still capable of performing these duties, which might result in a denial. In contrast, providing detailed examples of how your condition affects specific job tasks allows SSA to see the full scope of your limitations.

Claimants often make the mistake of downplaying their work responsibilities, which can harm their claim. To avoid this, be specific about how tasks like lifting, standing, or concentrating became more difficult as your condition worsened.

Explaining Job Transitions and Modifications

If your condition caused you to transition out of your job or request workplace accommodations, it’s important to explain this clearly on SSA-3369. This shows SSA how your ability to work declined over time and that even with adjustments, you could no longer perform essential job functions.

For example, a nurse with chronic back pain might have initially been moved to lighter duties, such as administrative work, but eventually found that even sitting at a desk caused pain. By detailing this transition and showing that modifications were not enough, you help SSA understand the progression of your disability.

Another common mistake is failing to mention job modifications. Claimants sometimes assume that because their employer allowed for certain accommodations, SSA will see them as able to work. However, explaining how even modified tasks were unmanageable strengthens your case.

Avoiding Common Mistakes on SSA-3369

Here are some pitfalls to watch out for when completing your Work History Report:

  • Being too vague: Instead of writing “desk job,” explain how your administrative work involved repetitive motions like typing, which worsened your carpal tunnel syndrome.
  • Downplaying the physical demands of your job: If your job involved lifting 50-pound boxes, don’t gloss over this detail—it’s critical in demonstrating how your condition limits your ability to work.

Another frequent error is assuming SSA understands the nature of your work. Claimants sometimes write “sales” or “management” without explaining the physical, mental, or emotional toll their job took. Always be specific, giving SSA a clear picture of the challenges you faced.

How SSA Uses the Work History Report

SSA cross-references your work history with your medical records to assess whether you can return to your past work or adapt to other work. If there’s any inconsistency between your work history and what your medical records say, SSA might question the validity of your claim.

For example, if you list job duties that involved standing and heavy lifting but fail to show how your back injury prevents you from standing for long periods, SSA may conclude you’re still able to perform that work. Being consistent in how you describe your symptoms and work limitations is crucial.

Working with an attorney like DLG can help ensure that your medical records and work history report align perfectly. An experienced attorney can also help you explain job transitions, modifications, and other details that may not seem important at first glance but are critical to building a strong case.

Completing SSA-3369 is a critical step in proving your disability claim. If you’re unsure how to fill out the form or need help organizing your work history, Disability Law Group is here to assist you. Contact their experienced team to ensure your work history reflects your limitations and strengthens your claim.

SSDI for Diabetes

Applying for SSDI with Diabetes: What You Need to Know

Diabetes is a chronic condition that can cause a wide range of complications, impacting your ability to work and perform daily activities. For some people, diabetes can become severe enough to qualify for Social Security Disability Insurance (SSDI). However, simply having diabetes is not enough to qualify for SSDI—you must meet specific criteria set by the Social Security Administration (SSA).

In this blog, we will explore how diabetes can qualify you for SSDI, what medical evidence you need to submit, and what to expect from the SSA’s evaluation process, including the Blue Book Listing for diabetes-related conditions.

How Diabetes Can Qualify for SSDI

Diabetes by itself does not automatically qualify someone for SSDI. The SSA evaluates diabetes based on how the condition affects your ability to function and whether you experience specific complications. For many, the symptoms of diabetes—such as fatigue or high blood sugar levels—can be managed with medication and lifestyle changes. However, when diabetes leads to severe complications or is not well-controlled, it may prevent you from working full-time.

Key Factors the SSA Considers:

  • Severity of the Condition: The SSA evaluates the impact of your diabetes, particularly if it results in frequent hospitalizations, chronic fatigue, or other disabling symptoms.
  • Complications from Diabetes: Severe complications like neuropathy, kidney disease, vision problems (diabetic retinopathy), or cardiovascular issues can play a crucial role in qualifying for SSDI.
  • Inability to Work: You must demonstrate that your diabetes prevents you from performing Substantial Gainful Activity (SGA), which means earning more than $1,470 per month in 2024.

Example:
A person with poorly controlled Type 1 diabetes who experiences frequent blood sugar fluctuations and recurrent hospitalizations for ketoacidosis may be eligible for SSDI if these episodes prevent them from maintaining consistent employment.

The SSA Blue Book Listing for Diabetes

The SSA uses its Blue Book to outline specific medical conditions that automatically qualify for SSDI if certain criteria are met. While diabetes itself is not listed as a stand-alone condition, there are several diabetes-related complications that are covered under other sections of the Blue Book. Applicants must meet the criteria for one of these conditions to qualify for benefits.

1. Diabetic Neuropathy (Blue Book Section 11.14 – Peripheral Neuropathy)

One of the most common complications of diabetes is diabetic neuropathy, which affects the nerves in the extremities, causing numbness, tingling, pain, and muscle weakness. If neuropathy is severe enough to prevent you from walking, using your hands effectively, or performing manual tasks, it may qualify under the SSA’s listing for peripheral neuropathy.

  • Listing Requirements: To meet the criteria for peripheral neuropathy, you must show that you have significant and persistent disorganization of motor function in two extremities, resulting in an inability to perform movements like walking or standing without assistance.

Example:
A person with diabetic neuropathy in both legs who can no longer walk without a cane or walker may qualify for SSDI under this listing, especially if their condition severely limits their mobility.

2. Diabetic Retinopathy (Blue Book Section 2.00 – Vision Impairments)

Diabetic retinopathy is a serious eye condition that can develop due to diabetes, potentially leading to significant vision loss or blindness. If your vision impairment meets the SSA’s definition of legal blindness, you may qualify for SSDI under the vision impairment listing.

  • Listing Requirements: To qualify, your corrected vision in your better eye must be 20/200 or worse, or your visual field must be severely restricted.

Example:
A person with diabetic retinopathy whose vision has deteriorated to 20/200 in their best eye may meet the criteria for SSDI under this listing, especially if their vision loss prevents them from performing job tasks that require visual acuity.

3. Diabetic Nephropathy (Blue Book Section 6.00 – Kidney Disease)

Diabetes can cause damage to the kidneys, leading to diabetic nephropathy or chronic kidney disease (CKD). If you have reached advanced stages of kidney disease or require dialysis, you may qualify for SSDI under the kidney disease listing.

  • Listing Requirements: To meet this listing, you must have chronic kidney disease that results in regular dialysis, a kidney transplant, or severely reduced kidney function.

Example:
A person with Type 2 diabetes who has progressed to end-stage renal disease and requires dialysis three times a week may qualify for SSDI under this listing, as their condition severely limits their ability to work.

4. Cardiovascular Complications (Blue Book Section 4.00 – Cardiovascular System)

Diabetes can increase the risk of developing cardiovascular diseases, such as coronary artery disease or heart failure. If you have significant heart problems related to your diabetes, you may qualify under the cardiovascular system listings.

  • Listing Requirements: The SSA has multiple listings for cardiovascular impairments, such as ischemic heart disease, chronic heart failure, or arrhythmias. You must show that your condition results in ongoing symptoms, hospitalizations, or limitations that prevent you from performing physical activities.

Example:
A person with diabetes who has developed coronary artery disease and experiences chest pain and shortness of breath when walking short distances may qualify for SSDI if their condition significantly limits their ability to work.

Medical Evidence You Need for a Successful SSDI Claim with Diabetes

To qualify for SSDI, it’s essential to provide comprehensive and detailed medical documentation that demonstrates the severity of your diabetes and any complications you’ve experienced. This evidence should clearly show how your condition affects your ability to work and perform daily tasks.

Key Medical Evidence for Diabetes-Related SSDI Claims:

  • Doctor’s Reports: Detailed reports from your endocrinologist or primary care physician outlining your diabetes diagnosis, treatment history, and complications. This should include information about blood sugar control, medications, and any hospitalizations.
  • Test Results: Lab results showing A1C levels, blood glucose measurements, kidney function tests, or imaging studies that document the impact of diabetes on your body.
  • Functional Capacity Evaluations (FCEs): Reports from your doctors or specialists that describe how your diabetes limits your physical or cognitive abilities, such as walking, standing, or concentrating.

Example:
A person with diabetic neuropathy may submit reports from their neurologist documenting the nerve damage in their legs, along with a functional capacity evaluation showing that they can no longer walk or stand for long periods due to pain and weakness.

What to Expect from the SSDI Application Process

Applying for SSDI due to diabetes-related complications can be a lengthy process, but understanding what to expect can help you prepare. The SSA will review your medical records, work history, and functional limitations to determine whether your condition qualifies for disability benefits.

  • Initial Application: Submit your application with comprehensive medical documentation. It’s common for the SSA to request additional records or schedule a consultative examination (CE) if more information is needed.
  • Reconsideration or Appeals: If your initial application is denied, don’t be discouraged. Many diabetes-related claims are initially denied but can be approved upon reconsideration or appeal, especially if you submit additional medical evidence or a more detailed explanation of your limitations.

Example:
A person whose initial SSDI claim for diabetic nephropathy was denied due to incomplete medical records may appeal the decision by submitting more detailed reports from their nephrologist and records of their dialysis treatments.

Let Disability Law Group Help You with Your Diabetes-Related SSDI Claim

Applying for SSDI with diabetes can be challenging, especially if your condition has led to complications that affect your ability to work. At Disability Law Group, we specialize in helping individuals with diabetes and other chronic conditions navigate the SSDI process and secure the benefits they need.

If you’re struggling to work due to diabetes, contact us today for a free consultation. Our experienced attorneys can guide you through the application or appeals process and help you build a strong case for SSDI benefits.

SSDI attorney meeting with client

What to Expect for SSDI in 2025: Proposed Changes and How They Could Impact You

As we look ahead to 2025, several changes and proposals are on the horizon for Social Security Disability Insurance (SSDI) that could impact both new applicants and those currently receiving benefits. The SSA regularly updates its policies to adjust for economic shifts, inflation, and evolving healthcare needs, which means it’s essential to stay informed about what’s coming.

In this blog, we’ll explore the likely and proposed changes to SSDI in 2025, including updates to income limits, benefits calculations, and policy reforms. Whether you’re applying for SSDI for the first time or currently receiving benefits, these changes could affect your financial stability and eligibility.

Key Areas of Change to Watch in 2025

Several key aspects of the SSDI program may see changes in 2025. While not all proposals will become law, understanding what’s being discussed can help you prepare for potential shifts in benefits and eligibility criteria. Below are some of the most anticipated changes.

1. Increase in Substantial Gainful Activity (SGA) Limits

The Substantial Gainful Activity (SGA) limit determines how much income you can earn while still qualifying for SSDI benefits. Each year, the SSA adjusts the SGA limits based on inflation and cost-of-living considerations. For 2024, the SGA limit for non-blind individuals is $1,470 per month, while the limit for blind individuals is $2,460 per month.

  • Projected SGA Increase for 2025: Due to ongoing inflation, the SGA limits are expected to rise again in 2025. We anticipate that the SGA limit for non-blind individuals could increase to $1,530 per month, while the limit for blind individuals may rise to $2,550 per month.
  • Impact on Workers Testing Their Ability to Work: This increase would allow SSDI recipients to earn more income while still receiving benefits, which could benefit those testing their ability to return to work without immediately losing their financial support.

Example:
A person receiving SSDI for a mental health condition may currently be able to work part-time and earn up to $1,470 per month. In 2025, they may be able to increase their hours slightly and earn up to $1,530 without risking their SSDI benefits.

2. Changes to the Trial Work Period (TWP)

The Trial Work Period (TWP) allows SSDI recipients to test their ability to work for nine months without losing their benefits. In 2024, the monthly income threshold for a TWP month is $1,050. After completing the nine months, the SSA reviews whether your earnings exceed the SGA limit and determines if your benefits should continue or stop.

  • Projected TWP Increase for 2025: Similar to the SGA limit, the TWP threshold is expected to increase in 2025, allowing SSDI recipients to earn more during their trial work months. The new TWP threshold could rise to $1,100 or higher.
  • Potential Policy Proposals: Some proposals suggest extending the Trial Work Period beyond nine months or allowing SSDI recipients more flexibility in how they use their trial work months, such as spreading them out over a longer period.

Example:
A person who works as a freelance writer may have earned $1,200 in a trial work month in 2024, triggering one of their nine TWP months. In 2025, they may be able to earn slightly more before triggering a TWP month, providing more flexibility in returning to work.

3. Cost-of-Living Adjustments (COLA)

The Cost-of-Living Adjustment (COLA) is an annual increase in Social Security benefits (including SSDI) to help recipients keep up with rising living costs due to inflation. In 2024, SSDI recipients saw an 8.7% COLA increase—the largest in decades—due to high inflation rates.

  • Projected COLA for 2025: While inflation has moderated somewhat, we can still expect a COLA increase in 2025. Early estimates suggest a potential COLA increase of around 5%, which would increase monthly SSDI payments for all beneficiaries.
  • Impact on Monthly Benefits: This COLA increase will directly impact the amount SSDI recipients receive each month, providing a necessary adjustment to rising living costs.

Example:
A person receiving $2,000 per month in SSDI benefits in 2024 could see their payment increase to $2,100 or more in 2025, depending on the official COLA increase.

4. Potential Policy Reforms: Streamlining the SSDI Application Process

Several lawmakers and advocacy groups have proposed reforms to make the SSDI application process more efficient and less burdensome for applicants. These proposals aim to reduce the long wait times many applicants face and provide faster access to benefits for those with severe disabilities.

  • Shorter Processing Times for Severe Disabilities: One proposal involves fast-tracking SSDI claims for individuals with conditions that are clearly disabling, such as certain terminal illnesses or severe disabilities listed in the SSA’s Blue Book.
  • Simplified Application Process: There is also discussion of simplifying the SSDI application forms, particularly for older adults and veterans, to reduce the complexity and improve approval rates for those who clearly meet disability criteria.

Example:
A veteran with a severe disability like amyotrophic lateral sclerosis (ALS) may benefit from a fast-tracked application process, allowing them to receive SSDI benefits more quickly rather than waiting months for a decision.

5. Increased Awareness of Mental Health Disabilities

With growing recognition of the impact mental health conditions have on daily functioning, there is an increasing push to make it easier for individuals with mental health disabilities to qualify for SSDI. Conditions such as depression, anxiety, and post-traumatic stress disorder (PTSD) are already covered under the SSA’s Blue Book listings, but some proposals suggest expanding mental health criteria or providing more clear guidance for mental health-related claims.

  • Expanded Mental Health Criteria: Proposed changes could involve making it easier to qualify for SSDI based on mental health conditions by providing clearer definitions and less subjective criteria for conditions like chronic depression and anxiety.
  • Increased Emphasis on Medical Evidence for Mental Health: The SSA may also place more weight on medical evidence from psychologists and psychiatrists in determining mental health-related claims.

Example:
An applicant with PTSD may find it easier to qualify for SSDI if new guidelines reduce the burden of proof or provide clearer pathways to approval for mental health conditions.

How These Changes Could Impact New Applicants and Current Recipients

The proposed and anticipated changes for 2025 could have significant implications for both new SSDI applicants and those already receiving benefits. It’s important to understand how these shifts may affect your eligibility, income limits, and monthly benefits.

  • New Applicants: Increased SGA and TWP limits will provide more flexibility for applicants who want to test their ability to work. Fast-tracked applications and streamlined processes could reduce wait times for individuals with severe disabilities.
  • Current Recipients: A COLA increase will provide much-needed financial relief for current SSDI beneficiaries, while higher income limits will allow recipients to work part-time or test new job opportunities without immediately losing benefits.

Let Disability Law Group Help You Stay Informed About SSDI Changes

With many potential changes on the horizon for SSDI in 2025, it’s more important than ever to stay informed about how these updates may impact your benefits. At Disability Law Group, we are committed to helping you navigate the complexities of SSDI, whether you’re applying for the first time or managing ongoing benefits.

If you have questions about how these changes could affect your SSDI claim or need assistance preparing for new policies, contact us today for a free consultation. We’re here to guide you through every step of the process and ensure you get the benefits you deserve.