The Disability Adult Report

Welcome to Season 1, Episode 9 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into the complicated topic of "The Disability Adult Report."

Join host Nancy L. Cavey, an experienced disability attorney, as she breaks down Form SSA-3368-BK – the Adult Disability Report. This essential form plays a key role in your disability claim, but navigating it can often feel daunting. Filled with complex questions and potential pitfalls, mistakes on this form can lead to delays or complications in your claim. In this episode of Winning Isn't Easy, Nancy is joined by Cavey Law associate attorney Krysti Monaco to simplify the form, walking you through each section and highlighting the critical details you need to know to avoid common errors and set yourself up for success.

In this episode, we'll cover the following topics:

1 -  What is Form SSA-3368-BK, and Getting Prepared

2 - A Section-by-Section Breakdown, Part One

3 - A Section-by-Section Breakdown, Part Two

4 - Tips for Success, and What Happens after You Submit Your Work?

Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


Listen to Our Sister Podcast:

We have a sister podcast - Winning Isn't Easy: Long-Term Disability ERISA Claims. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com


Resources Mentioned In This Episode:

LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits

FREE CONSULT LINK: https://caveylaw.com/contact-us/


Need Help Today?:

Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

Review, like, and give us a thumbs up wherever you are listening to Winning Isn't Easy. We love to see your feedback about our podcast, and it helps us grow and improve.

Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.

Transcript

Nancy Cavey [00:00:15]:
 Welcome back to Winning Isn't Easy. The Social Security version. In this podcast, we break down everything you need to know about navigating the Social Security disability claims system, getting the benefits you deserve. I'm Nancy Cavey, your host, and I'm joined by my associate Christy Monaco. Now we have to give you a legal disclaimer. The Florida Bar association says we have to tell you that this podcast is not giving you legal advice. Now, now that I've said that, I will tell you that nothing will prevent us from giving you easy to understand information and an overview of the Social Security disability process, the games that can be played and and what you need to know to get the disability benefits you deserve. So off we go.
 
 Nancy Cavey [00:00:59]:
 In last week's episode, we talked about the initial application. That application can make or break your claim. And today we're going to talk about some more forms that can make or break your claim. This is the Social Security Disability Adult Report, known as form SSA3368BK. We talk about forms a lot in Social Security, but you need to think about it as the adult report now. Now, whether you're doing this yourself or you're having a loved one, fill it out, we need to have a talk. We're going to walk you through this step by step. And today we're going to talk about four things.
 
 Nancy Cavey [00:01:35]:
 What this form SSA 3368BK is and how to get prepared to fill it out. Number two, we're going to do a section by section breakout part one. Number three, we're going to do a section by section breakout part two. And. And lastly, we're going to give you tips for success and then what happens after you submit this form? Got it. We're going to take a quick break before we come back with this important information. Welcome back to Winning Isn't Easy. Ready to get started? We're going to talk about what form SSA336.8BK is and getting prepared.
 
 Nancy Cavey [00:02:20]:
 I don't even think about the form in terms of numbers. I think about the name of it. So let's talk about why this form is so important. The Social Security Administration uses it to assess your disability claim. And this is your chance to provide detailed information about your medical condition, about your work history, and other factors that impact your ability to work. Remember, being thorough can make the difference in your claim. And I will tell you, in our firm, we spend a lot of time reviewing the forms that our clients fill out. And sometimes we just send them back.
 
 Nancy Cavey [00:02:52]:
 I redline them, say Nah, we do that because filling out the disability adult report form often results in less delay if it's filled out properly. Because sometimes, and Christy will speak to this, we get calls from Social Security asking questions about what's on these forms, which just delays things. So you have to remember that the nationwide, the Social Security Administration, the local office, dds, is really behind. And in fact, it's taking sometimes as long as a year, if not more, to get DDS to actually open the file and look at it and start reviewing it. So we don't want to create more delays, do we? So, Christy, let's talk about getting prepared.
 
 Christy Monaco [00:03:38]:
 Sure. So in the beginning, when you're filing an application, Social Security is going to give you or your representative or us are going to give you a lot of forms that need to be filled out. One way to prepare yourself to do that is to gather a bunch of information before so that you're not piecemealing this information into this form over the course of a couple of days. So some of the things that you're going to want to gather for the Disability adult report are going to be the names, addresses, and phone numbers of two contacts who know about your condition, information about your medical providers and the treatment you're receiving from them, your work history for the last five years, details about your education and perhaps any vocational training you may have received, and also a list of medications you're taking and the prescribing physician.
 
 Nancy Cavey [00:04:24]:
 Great, Christy, we're going to talk about that in greater detail. But before we do that, let's take a quick break.
 
 Speaker C [00:04:31]:
 Are you considering filing for Social Security Disability or has your claim been denied already? Either way, you require a copy of your rights to Social Security disability benefits, which will cover everything you need to know about the Social Security disability claims process. Request your free copy of the book@kvlaw.com today.
 
 Nancy Cavey [00:05:02]:
 Foreign welcome back to Winning Isn't Easy. In this portion of our podcast, we're going to be doing a section by section breakdown of the questions that are on the form. We're going to talk about part one. So, Christy, let's talk about sections one and two.
 
 Christy Monaco [00:05:23]:
 Sure. So section one is pretty straightforward. It's going to be your basic information. This includes any alternate names you may have used in records. And you're going to want to include contact details of yourself so that Social Security can reach you to confirm you wanted this filed. As we spoke in our last episode, this information is very similar to the information in the application you filed. So if you have that handy, it's Always smart to have it next to you when you're filling out the disability adult report. Now, section two is a section.
 
 Christy Monaco [00:05:51]:
 They're going to ask you about contacts here. They're going to ask you to list to people other than your physicians who can help explain your conditions. These could be close friends, family members, neighbors. And with this information, Social Security will send them what's called a third party function report. It's another questionnaire to gain an additional perspective on how your symptoms are affecting your ability to do your job or any other job in the national economy.
 
 Nancy Cavey [00:06:18]:
 Great. Now, let's talk about medical information. In this section, you're going to be listing all the physical and mental conditions that impact your ability to work. We want to include specific details like diagnosis and treatment. Now, if you have a condition that's not yet been diagnosed, just leave that blank and indicate that your physicians are still doing diagnostic studies. Now, we want to make sure that you're listing all conditions regardless of whether or not you think that they are disabling or not, because we argue individual medical conditions as the basis of disability and a combination. So let's say, for example, you have Ehlers Danlos syndrome with MASS syndrome symptoms, and you have some cardiological issues. We're going to list all three of those, even though you might be disabled, maybe just one, but certainly we always argue that it's the combination.
 
 Nancy Cavey [00:07:10]:
 So we want to make sure that you are covering all sorts of medical conditions. I would also say to you, if you have been diagnosed with learning disabilities generally or like high cholesterol, that, you know, it's nice, but that in and of itself is not going to make or break your claim. The idea is that with some conditions in and of themselves, they may not be disabling, but when you combine them, you know, put them in that big pot collectively, your symptoms can impact your ability to perform your past work and other work. Now, if you run out of space, there's a section towards the end that you can use, or if you're our client, write them in the margins and we handle it from there. Got it? All right, Christy, Section four, work activity.
 
 Christy Monaco [00:07:54]:
 All right, so the first part of this section deals with your date of disability. Now, Social Security doesn't really come out and say, hey, what's your date of disability? Instead, they ask you things like, have you stopped working? When do you believe your conditions became severe enough to keep you from working? And then, when did you stop? Now, all of these questions may seem very similar, but in fact, they all have very different meanings. Nancy, should we tackle them one at a time?
 
 Nancy Cavey [00:08:18]:
 Yes, let's do that. The first question, have you stopped working? Well, Social Security wants to know if you've stopped working. And this is important because if you haven't stopped working, you'll need to make sure that you stay under that SGA activity number that we discussed in last week's episode. If you go over sga, you're going to get a technical denial. And as we've talked about before, if you get a technical denial and we ultimately have to litigate that, that can take three years. And once that issue is resolved, then you get to go back in line so that Social Security can address the question of disability. So don't, you know, you got to pick the right date and you got to keep your wages under the SGA level. Now the second question is, when did you believe your condition became severe enough to keep you from working? Now, the answer to that can be pretty clear.
 
 Nancy Cavey [00:09:12]:
 If you've had like an accident, you were in an automobile accident and you were rear ended and your doctor told you you couldn't work as of that date, that's pretty clear. But if you have a progressive medical condition like PD or Ms. Or fibromyalgia, picking that date can be difficult. It might be that your employer has made accommodations for you. It might be that they have reduced your wages or your duties. And if they made accommodations, potentially we can argue that the day that those accommodations began as the date of your disability. On the other hand, if you don't necessarily have the support of your physician to sort of correlate that date, that can be a problem. So we want to make sure, and you need to make sure that your medical records are supporting the date in which you think your medical condition became disabling.
 
 Nancy Cavey [00:10:08]:
 Now the next question is, when did you stop working? And that's generally pretty clear. And technically that will be your alleged onset date if in fact you stop working. Remember, if you haven't stopped working and your wages fall below sga, we've got to figure out what's that date. So we may generally ask you for a copy of your pay stubs so we can figure that out math wise. So if you're asked to produce not only your pay stubs, but the representative or the attorney wants to look at the medical records. That's why, because we're trying to do two things. One, what is the date on which your wages fell below sga? And, and is there medical support? And if there isn't support, we may have to pick a Later date. So you can see that the alleged onset date is really important because that's the date your entitlement to benefits begin.
 
 Nancy Cavey [00:11:04]:
 Remember, there's a five month waiting period before you get your first payment, so picking this date is particularly important. And Christy, can you talk about how far back a person's application goes? In other words, here's my alleged onset date, but how far the benefits actually go back.
 
 Christy Monaco [00:11:22]:
 So typically the Social Security administration will only go back a year from your alleged onset date when they're, when they're talking about paying a claim, right? So a lot of times we will get calls where they say, you know, I've been disabled since 2005. And we have to politely explain we can argue that, but realistically, Social Security is not going to pay you, you know, 20 years of past due benefits, right?
 
 Nancy Cavey [00:11:48]:
 So you can understand that picking the date, the right date to claim that you're disabled is important because it's going to impact your benefits. And conversely, we always want to point out that the longer you delay in filing that application, even after you've retained an attorney, means you're losing money. So please don't sit on this initial application. Let's talk about Section 5, which is education and Literacy. Now, what Social Security wants to know is how far you went to school, did you graduate, did you get your ged, do you have any advanced degrees, do you have any special education? And by the way, have you gotten any job training? It's important because the vocational aspects of the five step sequential evaluation can make or break your claim. And that's particularly true at step four and five. Now, at step four, the issue is, can you go back to your past work? And at step five, which was where these cases are won and lost, the issue is, is there other work in the mythical, hypothetical, not real world national economy that you can do in view of your age, your education, work history training and transferable skills? And the education can clearly play a role in your ability to take whatever skills you've had and have them transfer, or in fact, whether or not you even have any transferable skills. So this is really important that you complete this accurately.
 
 Nancy Cavey [00:13:15]:
 And one of the most important tips, particularly if you have gotten special education or have had to repeat grades, is the names of the schools, city and the state. And that's really important. And if you admit that information or don't complete it accurately, that can result in delay because sometimes Social Security will actually get the records. It's not uncommon for us. If we have a question about the literacy or the education level of our client to actually contact the school board in the county in which our client went to school to get their education records because it's not uncommon to see testing, aptitude, IQ testing that can help us argue that the education is less than a high school education. Got it. Let's take a break. Welcome back to Winning Isn't Easy.
 
 Nancy Cavey [00:14:20]:
 We're going to continue our discussion of the form and we're going to start with work history. Christy, what are your thoughts about that Section 6 work history form?
 
 Christy Monaco [00:14:31]:
 Sure. This section could be the most important section of this form. So we always suggest to our clients, and we're suggesting to you that you take your time and you answer these questions completely and accurately. So we're going to give you a little bit of a history lesson. Prior to June of 2024, Social Security Administration used to look at the 15 years prior to the date you became disabled in order to determine if you could engage in the lightest job you've held during that time. After a lot of advocating, Social Security finally agreed that jobs have changed significantly over the last 15 years or in any 15 year time span. And as such, they changed that regulation in June of 2024. Now they look back only five years from the date your claim is reviewed or adjudicated.
 
 Christy Monaco [00:15:18]:
 This means they will review the five years of your work history from the date they're making the determination of your claim to see if you can do the lightest, simplest job that you've held.
 
 Nancy Cavey [00:15:29]:
 Now, another important change is that the Social Security Administration had been using an outdated database called the Dictionary of Occupational Titles, which had not been updated since the 90s. And they use that to determine how the occupation was performed in the national economy and whether or not you could do the job as performed in the 1990s. Okay, sounds like a bad movie. Obviously, technology and occupational changes have kind of disrupted and made this Dictionary of Occupational Titles analysis obsolete. So what they are doing now is to take into consideration not only the dot job description, but but how you individually perform the job. So how do they get this information? Christy? Sure.
 
 Christy Monaco [00:16:18]:
 So they're going to get this information one of two ways. First place they're going to look for this information is the work history forms and any other forms that you filled out. And they're going to rely on that information. That's why it is so crucial that you are fully and accurately completing these forms so that when it comes time for them to determine what your past relevant work is, they get it right now. The second place, they're going to get that information is from you directly at your hearing. If Social Security is unable to determine what your past relevant work is, the administrative law judge is likely going to be asking you questions during the hearing to determine what your job duties were and how you actually perform them.
 
 Nancy Cavey [00:16:54]:
 Now, as Christy and I both know, if you have put one thing on your work history form and you're testifying to something else, the judge is going to start scratching their head and saying, hmm, what has this claimant not told me? Or are they making things up? Should I be questioning their honesty or their integrity? So that's why we spend a lot of time on these forms, because we want to make sure that they are accurate and complete and we don't have to supplement your testimony, if you will, at the hearing about your work duties. Christy, let's talk about medications.
 
 Christy Monaco [00:17:31]:
 Sure, the medication section is simple, but it's just as important as every other section. And that's because you may be prescribed medications that can cause significant side effects that may contribute to your inability to do your own past relevant work or any other work. And you would think that Social Security would read your records and get the medications that you're taking. It's safe to say they likely won't. So you want to make sure that you, again, completely and accurately complete the section so that they understand what's going on medically.
 
 Nancy Cavey [00:18:00]:
 I think something that's important to note, if you've had side effects of medication, your record should reflect that you have told the doctor about those side effects and that your doctor has addressed those by prescribing different medication. If you just walk into the hearing and say, well, you know, I had the side effects of this and that, the first question the judge is going to ask you is, well, did you talk to your doctor about it and what did they do? So if you're having those side effects, address it with your physician and make sure that that's in your medical records. Now, Christy, medical treatment.
 
 Christy Monaco [00:18:32]:
 Sure, I know I probably sound like a broken record, but this section is also important. If it's not filled out correctly, it could result in a delay of processing your claims. I cannot tell you how many calls we receive from Social Security asking us for treating physicians. The last appointment, the next appointment, and just providing that to them upfront information is going to result in any further delays.
 
 Nancy Cavey [00:18:55]:
 All right, let's talk about Section 9 other medical information. Now, this can be confusing, and let us simplify this for this. The section asks you if there's any other entity that might provide information about you or your medical condition. So if you're getting workers comp benefits, you're getting treatment under the auspices of the work comp system and work comp doctors. So you've got to disclose that information. If you are getting VA benefits, they want to know about that. And that's important because they want to get your VA medical records. So you should be disclosing on in section nine the other medical treatment that you're getting from other entities other than your private doctors.
 
 Nancy Cavey [00:19:36]:
 Again, ultimately this can make or break your claim because it can also impact the claim in terms of delay. If you're not giving them that information and they subsequently learn about it, they're going to get it. That's going to cause delay. If we show up at a hearing and you haven't told us and it comes out in the course of the hearing, not only are the judge not going to be happy with us, they're not going to be happy with you. And the judge may say, hey, you didn't disclose this information five days prior to the hearing. Too bad, so sad. These records aren't going to come in. Or some judges will say, I really want that information.
 
 Nancy Cavey [00:20:11]:
 But you've only got 30 days to get it, which is like moving mountains. So it's really important that you are being accurate, complete and truthful about other medical treatment that you're getting. Christy, section 10. Sure.
 
 Christy Monaco [00:20:24]:
 So section 10 deals with any support services that you may have been involved in. So should you have been involved in a vocational rehabilitation program or an assist return to work program, then that information should go here.
 
 Nancy Cavey [00:20:37]:
 Great. Section 11 remarks. Well, this is a big open space for you to utilize in the event that you ran out of space on the other questions. Now what I like to put in the remarks section is any explanation that we have about knowing that our client is getting other income benefits. If you're getting those other income benefits, we want to disclose them and we want to produce that kind of documentation. So if you're getting long term disability benefits, we want to submit the payment documentation. If you're getting workers comp, we want to submit that kind of documentation. We want Social Security to understand other income sources, add that they are not earned income.
 
 Nancy Cavey [00:21:22]:
 Because remember, we don't want a technical denial. Got it. Let's take a quick break.
 
 Speaker C [00:21:28]:
 Struggling with your Social Security disability case. The right attorney can make all the difference. Get our booklet. The key to hiring a great attorney for your Social Security disability case. Discover how to find an experienced attorney who will fight for your rights and navigate the process with ease. Don't leave your future to chance. Request your free copy@kvlaw.com today and ensure you have the expert support you deserve.
 
 Nancy Cavey [00:21:57]:
 Welcome back to Winning isn't Easy. Let's talk about tips for success and what happens after you submit your work. All right, Christy, what are the tips for success?
 
 Christy Monaco [00:22:07]:
 Sure. First tip, be detailed and accurate. Remember, this is your story and your first opportunity to tell Social Security that story. So we want to make sure that we're taking the time to fill out these applications, the disability adult report, and not skipping any spots if you're unsure about any date or detail. Tip number two, provide the closest estimate. Right. If. If you can't remember your first office visit, you can't get ahold of your doctor, but you know it was in March of 2019, it is okay to put March of 2019.
 
 Christy Monaco [00:22:37]:
 Tip number three, do not leave any sections blank. If something doesn't apply to you, write n A Leaving sections blank tells Social Security that you either don't know the answer, but there might be, which is going to cause delays. They're going to be calling you for those answers, and that answer simply might not apply. So don't leave anything blank. Just write N A.
 
 Nancy Cavey [00:22:57]:
 Great. So we often get the question of, okay, well, what happens after we submit the forms? Once we submit, or you submit the application, in the adult disability adult report form, you should mark your calendar because you should be receiving either a call or an Internet application summary from the Social Security Administration. Remember, this is their fraud protection device, and they want you to confirm this information and that you have applied for Social Security disability benefits. If they do not get a response from you, either by phone or by sending that Internet application summary back within six months, they're going to close your claim. And I mean close your claim, lock it up in a bank vault, and it cannot be reopened. You got to start all over again. So you have wasted months in the Social Security disability claims process, and now you're back in line, and the only person who gets hurt by this is you. So put a little note on your calendar, and if you haven't gotten this call or haven't gotten the Internet application summary, then you should call them or call us if we're representing you.
 
 Nancy Cavey [00:24:06]:
 Got it. Christy, do you have anything to add before we close?
 
 Christy Monaco [00:24:10]:
 No. Just make sure you're keeping an eye out on your phone because we never know are they going to call you or if they're going to send you the Internet application summary. We always tell our clients we're going to call you every two weeks from now until the end of six months to make sure you either gotten a call or an Internet application summary because they won't send it to us. Remember, it's their fraud protection. So very, very crucial that you mark your calendar, put a reminder in your phone, whatever you need to do to make sure that that gets done.
 
 Nancy Cavey [00:24:35]:
 Great. Well, after you have watched and listened to this episode, you can understand that the forms that the Social Security Administration asks you to complete can be complex and they can be misleading. We hope that this episode and in coming episodes we clear up questions that you have, but if they didn't, please give us a call at 727-894-3188. We offer a complimentary consultation. If you found this episode helpful, please share it with somebody who needs it and please like us and make sure that you are following us. Got it. We look forward to talking with you next week for another insightful episode of Winning Isn't Easy.