
Winning Isn't Easy: Navigating Your Social Security Disability Claim
Nancy L. Cavey, a seasoned attorney with over thirty-nine years of experience, explains the complex world of filing for Social Security Disability benefits. Filing for disability can be a confusing, life changing event, so with her deft expertise, Nancy will guide you through:
- The ins-and-outs of qualifying for Social Security Disability benefits (such as age and insurance requirements).
- Information regarding the process and lifespan of a claim, from the initial application to the request for hearing stages.
- Traps one can fall into while navigating the Social Security Administration's step-by-step Sequential Evaluation.
- Insights, overviews, and claimant stories regarding disease-specific content (ranging from commonplace ailments such as workplace injuries or accidents, to difficult to diagnose illnesses such as Fibromyalgia, Multiple Sclerosis, and POTS).
- Pertinent news happening in the disability world, and
- Much, much more.
Each episode of our podcast Winning Isn't Easy will expose you to invaluable tips and tricks for surviving the disability claims process (a system that is often wrought with pressures and pitfalls designed to encourage you to give up the benefits you rightfully deserve). As host, Nancy will often be joined by guest speakers who themselves are industry experts, ranging from lawyers specializing in related fields and doctors focusing on the diagnosis and treatment of specific diseases, to our associate attorney Krysti Monaco.
In her late teens, Nancy's father was diagnosed with leukemia. As someone who witnessed firsthand the devastating emotional and financial impact on both individual and family that being disabled and filing for benefits can have, Nancy is not just an attorney, but an empathetic presence who understands what you are going through.
Do not let disability insurance carriers rob you of your peace of mind. As a nationwide practice, The Law Office of Nancy L. Cavey may be able to help you get the disability benefits you deserve, regardless of where in the United States you reside. Remember - let Cavey Law be the bridge to your benefits.
Check out the links below to engage with us elsewhere:
Website - https://caveylaw.com/
YouTube - https://www.youtube.com/user/CaveyLaw
Winning Isn't Easy: Navigating Your Social Security Disability Claim
The Function Report
Welcome to Season 1, Episode 13 of Winning Isn't Easy: Navigating Your Social Security Disability Claim. In this episode, we'll dive into the complicated topic of "The Function Report."
Join host Nancy L. Cavey, an experienced disability attorney, and associate attorney Krysti Monaco as they break down one of the most critical documents in your disability case: the Function Report (Form SSA-3373). Whether you’ve just received it or are preparing to appeal a denial, this episode will guide you through how to complete the form the right way. Learn why vague or rushed answers can hurt your claim, the top mistakes to avoid, and how to clearly communicate how your condition impacts your daily life. If you're serious about getting approved for benefits, this episode is a must-listen.
In this episode, we'll cover the following topics:
1 - What Is the Function Report and Why Does Social Security Need It?
2 - How to Fill Out the Function Report Section by Section
3 - Top Mistakes to Avoid When Filling Out the Function Report
4 - Final Tips and What Happens Next
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.
Nancy Cavey [00:00:00]:
Foreign. Welcome back to Winning Is a Dizzy the Social Security Disability Benefit Version. This is a podcast where we break down everything you need to know about navigating the Social Security disability claims process. And I'm your host, Nancy Cavey. I'm joined by my associate, Christy Monaco. Before we get started, the Florida bar says I have to tell you that this is not legal advice. Now that I've said that, nothing will prevent me from giving you an easy to understand overview of the Social Security disability claims process, the games that are played during this process, and what you need to know to get the benefits you deserve. So off we go.
Nancy Cavey [00:00:47]:
In the last episode, we talked about the adult Disability Report appeal form. And today, Christy, my associate and I are going to be covering another document that that is absolutely critical to your case called the function report form SSA 3373. If you've applied for your Social Security disability benefits, you've probably gotten this form in the mail or maybe you've accessed it online. It's long, it's detailed, it's boring, and it can be overwhelming. But here's the thing you need to know. That document is your opportunity to tell Social Security exactly how your medical condition impacts your daily life. So if you rush through it, you give vague answers or leave out important details, you could be hurting and even killing your case without realizing it. But if you fill it out properly with strong specific responses, you can significantly improve your chances of approval.
Nancy Cavey [00:01:42]:
So in today's episode, we're going to break it all down. And by the end of this episode, you should be feeling confident about completing this form, the Functional Report Form. The the right way. We're going to talk about four things. Number one, what is this blasted form and what does Social Security or why does Social Security need it? Number two, how to fill out the function report section by section and do it properly. Number three, the top mistakes to avoid when filling out this form. And four, some final tips and then what happens next. Got it.
Nancy Cavey [00:02:16]:
So we're going to take a break. Go get your cup of coffee, go get your pad and pen because you're going to be taking lots of notes. So let's take a break for a moment to let you do that. And we will be back in a minute.
Speaker B [00:02:29]:
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 [00:03:04]:
Welcome back to Winning Isn't Easy. We're going to talk about more forms and specifically we're going to talk about the function report form and why Social Security needs it. Kristi, let's start with the basics. What is this blasted report?
Christy Monaco [00:03:17]:
Well, this is a form that's going to be used by the Social Security Administration to evaluate how your medical condition impacts your ability to function in daily life. Notice I said function, not just work. If you're a client of ours, we're glad you're here. And I'm sure you've heard these words before. And if you're not a client of ours, we're also glad you're here. And you're going to hear this a lot. Symptoms and Functionality okay, a lot of people assume that just by submitting their medical records that that should be enough. But that is not how Social Security works.
Christy Monaco [00:03:48]:
Your diagnosis alone is not enough to get approved. I'm going to say that again. Your diagnosis alone is not enough to get you approved. You need to show that your condition limits your ability to perform basic daily activities. Getting dressed, bathing, preparing meals, cleaning, shopping, managing finances, walking, sitting, lifting, carrying objects, remembering information, following instructions, interacting with others, handling stress and changes in the workplace or or at home. Social Security is really looking for evidence of your limitations. Again, your symptoms and the impact those symptoms have on your functionality. This function report is where we're going to provide all of that evidence for Social Security.
Christy Monaco [00:04:32]:
Now your answers, they should be supported by the documentation in your medical records. And the way you answer these questions can really shape the entire decision making process for your claim.
Nancy Cavey [00:04:42]:
Now another thing that you need to keep in mind is that this form is not just about what you can't do. It's about how your condition changes the way you do things. So even if you can still perform certain tasks, they may take much longer. You may need help or you may pay the price, if you will, for doing those activities. It's important that you're mentioning the impact of your symptoms and functionality in terms of how you do things, the length of time it takes you to do things, and whether or not you need assistance. So let's say you liked to cook in the past and you would be in the kitchen for hours whipping up gourmet meals. But now you can't cook a full meal. And if you are trying to cook something, you have to take frequent breaks or rely on a stool to sit.
Nancy Cavey [00:05:30]:
Or you may even need help with family members or you may be using doordash because you just can't do the kinds of things you do did in preparing and cooking the food. So it's not just a matter of whether you can complete the task. It's about the struggles, the adaptations, and the limitations you experience along the way. Now, Social Security is going to use this report to compare your abilities to what's required for work. And I know that sounds weird. So what is what I have to do at home relevant to what I do at at work? Well, a lot of the things that you do at home do involve basic activities. Sitting, standing, walking, stooping, bending, lifting. And those are basic work tasks.
Nancy Cavey [00:06:16]:
And so Social Security can understand from a practical standpoint how those limitations in your personal life can impact your ability to function. So don't downplay those struggles. The more detailed, the more accurate you are, the stronger your case will be. And, and all this has to be consistent in your medical records. If your form tells one story and your medical records tell another, I will tell you that the judge won't believe you. The judge is going to believe what's in your medical records. So consistency is the key. Got it.
Nancy Cavey [00:06:50]:
All right, let's take a quick break and when we come back, we're going to talk about how to fill out that function report section by section. See you in a minute. Foreign welcome back to Winning Isn't Easy. How to fill out the function report section by section. All right, Christy, we're going to go through this form step by step, starting with the first section. Section one, general information. What if people.
Christy Monaco [00:07:24]:
Oh, you gave me an easy one. This one's straightforward. Here's where you want to make sure your contact details are correct. Double check your Social Security number before submitting it. To double check your birthday before submitting it. A small typo here can result in significant delays. So you want to make sure, as simple as this sounds, make sure that your contact information is correct in this first section.
Nancy Cavey [00:07:47]:
All right? Section two talks about your daily activities. And this is where Social Security is going to start analyzing your real life limitations. Common mistake is that people will under explain or sort of just not really appreciate the struggles that they have on a daily basis. So let's say, for example, you have chronic pain. Instead of writing I wake up, I eat breakfast and rest, you should be saying something like, I wake up in pain. I have difficulty getting out of bed. I have to sit on the side of the bed for 10 minutes before my joints are able to move. I have to sit down while I'm brushing my teeth.
Nancy Cavey [00:08:26]:
Because standing more than five minutes increases my pain. It Takes me over an hour to get dressed because I need to take breaks because of stiffness and fatigue. Now that may not be your situation, but I want you to understand how this second answer gives a clearer picture of your struggles and not just a list of what it is you do it. If you need to talk about to a family member who is helping you with your daily activities or observes your daily activities because many times we get used to dealing with the dysfunction and it just becomes part of our normal day. So make sure that you're talking to others who have an opportunity to observe you on a daily basis. Christy, let's talk about Section 3, personal care and Hygiene.
Christy Monaco [00:09:14]:
In this section you're going to describe how your condition affects basic self care. Do you struggle to bathe, dress yourself, prepare meals and explain how you're struggling? You know you can't button your button, you can't zip up your pants, you can't clasp a bra, you can't stand to cook long enough. Do you need help from a family member to help you assist you with these things? Do you skip showers because standing is too painful? Did you have to install a seat in your shower so you can be seated when you're showering? All of these things, like Nancy said earlier, can be described through an analogy by your representative that they are actually work activities. Standing, stooping, crouching, crawling, kneeling, lifting, bending, pulling, pushing. All of these things that you do for basic self care are actually work activities. So taking time in this section to really pay attention to what you need assistance with or what's taking you longer, what you can no longer do is going to be really crucial for your claim.
Nancy Cavey [00:10:13]:
Section 4 Housework and chores now look, I'm sure you're not cleaning King Charles Castle, okay? And I think that these questions are a bit open ended and you need to kind of bring it down to the kinds of environment that you live in, the size of your house, the size of the rooms that you might be cleaning. So if you can't vacuum because of back pain, you want to say, hey, you know, I can't even vacuum a 12 by 12 room where if I do it I have to sit down every 15 minutes for 10 minutes because my back hurts or if I do that then the next day I really pay for it. If you are cooking, you're probably not cooking Thanksgiving dinner for 25. You may just be making something simple like a pot of spaghetti or you may be buying pre prepared meals. But if you have to sit and limit your sitting or standing while you're in the process of cooking, then that needs to be noted. Now, I also know that people can get fatigued. Pain can be fatiguing. So if you have to take a break because of pain or fatigue, you want to note that.
Nancy Cavey [00:11:23]:
So additionally, if somebody's helping you with your housework, make sure that you say that. You know, like, you know, my. My spouse does the laundry, puts the sheets back on the bed, vacuums the house, dusts the house, swiffers the house, and I just, you know, kind of wipe off the counter. That's important. We need to know who does what and the price that you pay in terms of symptoms and functionality. Christy. Hobbies, social activities, another crucial area on this form.
Christy Monaco [00:11:58]:
If you used to go out and socialize or enjoy hobbies, but now you no longer can't do those things, you have to make that clear. These forms are designed to trick you up. That's why having a representative is important. So in this section, instead of just saying, I read and watch tv, you should really be expounding on, I used to love hiking and playing with my children, but now I can't because my pain and fatigue prevent me from being active for long periods of time. Now I rarely leave my house because it's exhausting, and just getting ready to go out fatigues me so much that I then have to take a break. So now I do a lot of reading and watching tv, but I can only read in a seated position for five to 10 minutes at a time without having to get up. Or I can only watch TV in a reclined position to keep pressure off my low back. The point is, is I said this before, and I'll say it again.
Christy Monaco [00:12:52]:
Social Security is not a mind reader, and neither are we. So if you say you read and watch tv, Betty's thinking you're sitting there watching all seasons of Stranger Things on Netflix, right? She thinks you're sitting on your couch vegging out, watching TV for hours, when that may not be the case. So we want to make sure you're super specific. The more specific you can be in this section or even on this form in general, the better.
Nancy Cavey [00:13:15]:
So let me give you a tip, and this is a case destroyer. There's nothing wrong with taking a vacation, visiting family or friends. Look, I would prefer that you not tell your doctor what you're doing. And if you are doing it, you should get the doctor's approval and make sure that the doctor understands the accommodations that are being implemented to allow you to do whatever it is you're doing. So you might arrive At Tampa International Airport, you've got a wheelchair arranged. They take you to the, to the gate when the, during the course of the plane trip, you're up and down, moving around. When you land, there's a wheelchair waiting for you. You greet your relatives and then go to bed for the next couple days because of whatever happened during the course of that plane trip.
Nancy Cavey [00:14:07]:
It might be that there's a family trip to Disney. Okay, I got it. But what's important here is you may be in a wheelchair or you may be only able to walk for 10 or 15 minutes before you had to stop and go back to the hotel. Or you may have sat on a bench. If you're going to be doing these kinds of activities, give an accurate history and don't say, well, I went to visit my relatives. Explain all the accommodations that went into that trip. Explain the price that you paid physically, cognitively, or psychiatrically because of the difficulties you had. Christy.
Nancy Cavey [00:14:46]:
Section six, Physical and mental abilities.
Christy Monaco [00:14:50]:
This section is going to cover things like standing, walking, lifting, using both of your hands, remembering information, dealing with stress changes, changes in your life. And you want to make sure again that you're being specific and giving time based or measurable responses. Social Security is going to ask you how long you can stand. We don't want to see an answer that says, I can't stand long. How long is long? We don't know. So you want to give a more specific answer. I can only stand for about 10 minutes before my knees start to give out or my hip starts to hurt or my low back starts to hurt. I need to sit down for 30 minutes before I can get up and try to stand again.
Christy Monaco [00:15:31]:
See how that second answer is much more detailed and it gives Social Security a little bit more insight on what's going on with my limitations. Same thing for mental limitations, right? I am told something and in 10 minutes later, I can't remember what I was told. I oftentimes will walk into the room to grab something and forget what I went to go grab. I can't remember my husband's birthday, things like that. You want to make sure that measurable time based items are provided in this section so that Social Security can compare that to your medical records and say these are the correct limitations.
Nancy Cavey [00:16:06]:
All right, we've covered a lot here. Let's take a break for a moment and when we come back, we're going to talk about the top mistakes to avoid when filling out that function report form. We'll see you in a minute.
Speaker B [00:16:17]:
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 [00:16:56]:
Welcome back to Winning isn't Easy. Let's talk about the top mistakes to avoid when filling out that function report. And as we've kind of emphasized, giving yes or no answers can be a huge problem. You always want to explain how and why something is difficult for you. And as Christy pointed out, it needs to be time bound. Activity bound. 1 answers, 1 word answers are not going to give enough information for Social Security to really understand your limitations. So instead of saying yes or no, we want to provide a full explanation with specific examples of how the activity affects you.
Nancy Cavey [00:17:33]:
Leaving sections blank. That will not only screw up your case, it'll create delay. So if something doesn't apply, just skip it. Write not applicable and explain why it's not relevant. A blank space looks to Social Security like you have forgotten to answer or you don't even have any limitations. They will draw conclusions from blank spaces that will result in a claims denial. Now, if you're not sure whether something applies or not, we want to err on the side of giving more information than too little information. Another problem I see, particularly in trial, is where the client has overstated their abilities.
Nancy Cavey [00:18:16]:
You need to be honest. So if you're struggling to do something, say so. Most conditions will have good days, bad days, flare ups. It's okay to admit that you're not Superman, you're not Superwoman. If you can go grocery shopping but you lean on the cart, or you ride in an electric cart, or you have to take breaks because of your pain or you have to go use the restroom. You want to include those details in the form, and you just don't want Social Security to assume that you're functioning every day at the highest level possible. You want to explain if you have good days and bad days and what a good day looks like and what a bad day looks like and the price that you pay for activity. Christy, how about the problem of forgetting to include mental health issues?
Christy Monaco [00:19:07]:
Even if you've originally applied for Social Security disability benefits for a physical condition, you also want to mention any depression, anxiety, cognitive issues, memory issues, PTSD if they affect you. Many applicants focus really only on their physical impairments, but Social Security considers mental health too. If Pain and fatigue have caused you to withdraw from your family and friends. That leads to depression or makes it difficult for you to concentrate. You want to include that information because it can make a big difference in your case. Remember, Social Security just isn't looking at your daily life. They're evaluating at whether you can work symptoms and functionality. If you're struggling with sitting, standing, concentrating, remembering, following instructions, you want to explain how those difficulties are going to affect a work environment.
Christy Monaco [00:19:58]:
Are you going to need excessive breaks? Would you frequently miss deadlines? Are you going to struggle interacting with supervisors or customers or co workers? These details help disability help paint a clearer picture of disability to Social Security so that they can appropriately analyze your claim.
Nancy Cavey [00:20:14]:
So remember, these forms in your medical records need to tell a story, an accurate and complete story of your symptoms and your functionality. Let's take a quick break and we're going to come back and talk about final tips and what happens next. Welcome back to Winning Isn't Easy. Now that you've completed this function report, what happens next? Christy?
Christy Monaco [00:20:47]:
Well, first thing you want to do is ask yourself, does this information I put on this form truly reflect how my condition limits me? If the answer seems too general, you need to add more detail. If it's too vague, you need to clarify. And if it doesn't clearly connect your condition to your limitations, rewrite it. This form is one of the most important pieces of evidence in your case and it needs to be as strong as possible. Oftentimes we're reviewing function reports from our clients. We pick up the phone and we ask them simple questions based off their answers and they say that's not right. And I tell them, well, that's what I'm getting from this form and that's certainly what Betty's going to get at dds. So we want to make sure that we are being clear.
Christy Monaco [00:21:29]:
Specific time bound limitations, what it is that we need to do to limit our pain, our fatigue, our cognitive difficulties, our, our mental, all of that needs to be included so that by the time Betty gets it, she has a full picture of what's going on.
Nancy Cavey [00:21:43]:
So of course, what we suggest you do is get a trusted person to review it, a family member, a close friend, or better yet, your disability attorney, because we're looking for missing details or unclear answers. Sometimes you may get so used to your limitations that you forget to mention them. And having an outside perspective can ensure that you don't overlook important struggles. And of course, as Christy said, sometimes we're on the phone with our clients saying, you know, can you give us more information about this and the story starts spilling out. Okay, Christy, what else is crucial here?
Christy Monaco [00:22:18]:
This is actually crucial for any form that has to deal with Social Security, but particularly this one is keep a copy for yourself. We keep a copy of every piece of paper that comes into this office one, because more times than not, forms are submitted to Social Security and when we go to follow up on that, they never receive them. Right. We don't know where they are. They're lost in the, in the Social Security abyss. So we always want to make sure one, that you keep a copy so that if that happens to you, you can then provide the copy you have to Social Security or make another copy and your claim can move on instead of being delayed. Also, you're going to want to reference these answers because remember, Nancy said consistency is key. So we want to make sure that you're going to get this function report more than one time in this claim.
Christy Monaco [00:23:03]:
We all know Social Security loves forms. When you get this function report during your initial application and then you submit it again, it should be pretty consistent. Obviously, things are going to change. Maybe your pain is worsened and you went from being able to stand 10 minutes to now only being able to stand five minutes, that's huge, right? That's going to correlate with your medical record showing increased symptoms, which is going to help support your claim.
Nancy Cavey [00:23:25]:
So.
Christy Monaco [00:23:25]:
So you want to make sure that you're keeping copies of all of these forms because you're going to need them down the road.
Nancy Cavey [00:23:30]:
Remember that the person who you listed on your application is someone who knows about your condition is going to receive a third party function report. And this form is where they're asked questions about what they've witnessed about your symptoms and functionality. It's crucial that they complete this form accurately. And so one of the things we want you to do is to give the forms you're filling out to this third person so they can see what you've had to say. Because again, consistency is crucial here. Okay, well, that's it for today's episode. Filling out the function report. I know it's not fun, it's a pain in the you know what, but it is one of the most important forms in your case.
Nancy Cavey [00:24:09]:
We want to be detailed, we want to be honest, and we want to make sure that the Betty at Social Security understands how this condition impacts your life. And of course, if we have to go in front of a judge, we want the records and these forms to tell a story so that the judge can see the daily impact of your symptoms and functionality. If you have any questions or want personalized guidance, please feel free to reach out to our office. If you found this episode helpful, like it and share it and subscribe to our podcast for more expert tips on navigating the Social Security Disability claims process. Thanks for listening and thanks, Christy, for your insights. We'll see you next time where we're going to discuss filing for a hearing. Thanks.