I’m assisting my wife in applying for SSD benefits. She has several disabling maladies including uctd (14.06), inflammatory arthritis 14.09), fibromyalgia and depression which will not likely meet affective disorder (12.04) criteria but is certainly a contributing factor according to both her rheumatologist and psychiatrist. I’ve started to use your guide and am quite impressed with the comprehensive array of forms and advice on completing them. One item lacking is detailed
description of the process flow of the application process. What forms will be required when? What’s the specific sequence and timing of each activity? I made an appointment to apply in person at the local office with my wife and all they sent was an SSA-3381 Medical and Job worksheet, a form not included in your book, and a list of things to bring e.g. birth certificate, W-2, etc. What else besides the 3381 will the interview encompass? Will they be completing the 3368 & 3369 during this session? Should I complete them beforehand? This type of information would be very helpful. – Bruce

Jonathan Ginsberg responds: Bruce, I understand that you (and your wife) are filing an application for disability benefits for your wife. You have already contacted Social Security and made the appointment for the application. The first thing I should tell you is that, although the Social Security Administration is the same, nationwide, sometimes the actual district office differ from region to region as to how they actually handle claims. The forms are all the same, however, some claims managers will require different forms at different times. Generally speaking, and by no means set in stone, I can give you a basic rundown of the process for handling your claim. The time frames again, will differ greatly from region to region and also will depend on work flow and case load for you specific area.

When you make your appointment for the initial application, the administration will send you the form or forms that they need completed along with a list of documents to bring to your appointment. You will complete the application for disability and an Adult Disability Report and a Work History Report, with information taken from the Medical and Job Worksheet. If you have copies of the forms (3368 and 3369) it would likely save time during the interview, if you have those completed beforehand. If your wife is having difficulty with fatigue and/or sitting for longer periods of time, this would perhaps be beneficial for her. (Keep in mind that the person who meets with you may make notes of personal observations in the file. For example, if your wife has pain from sitting too long and begins to “squirm” or needs to stand and walk or take a break, these observations could possibly be noted in the file. This is not always the case, but I have known of representative who make notations.) When your application is complete, it will be sent to a state agency for processing. This agency will differ from state to state, for example, in Georgia, this is handled by a division of the Georgia Department of Labor. The agency that your state uses, will be responsible for gathering all of your medical records and any additional documentation that they feel could be useful in making a decision on your claim. The medical records will be reviewed and determination will be made as to whether enough evidence is present to make a decision on your disability. If the person reviewing the records feels that additional information is needed, they have the authority to schedule an independent medical exam for you at their expense. In addition, they could send a form to another person (a person listed by you on the application as a person that they are allowed to contact) called a Function Report – Third Party, in which they will ask questions about the condition of the claimant. After all of this is complete, they will make the determination on your case. (Currently, in our state this is taking about 8 to 10 months. Hopefully it will be the standard 4 months in your area.)

When the determination is issued on your claim, and if your benefits are denied, you must file an appeal, Request for Reconsideration (form 561) along with an updated Disability Report (form 3441) and a few signed authorizations to release information to Social Security, within 60 days from the date of the letter.

– Jonathan