Episode 67: In this episode, Murray, Kentucky disability attorney Jeff Roberts, discusses the Work History Report, referred to as Social Security Disability Form 3369.
Social Security Disability Insurance (SSDI)
Jeff begins by reviewing what SSDI is. This program pays disability benefits to people who have a work history and have qualified by working a specific number of quarters. This is the insured status requirement. If you qualify, and you are unable to continue working due to an injury or other issue, you are eligible to receive SSDI benefits.
The social security disability form 3369 applies to both SSDI claims and to Supplemental Security Income (SSI) claims. Supplemental Security Income is our social safety net for those who have financial need and are disabled, regardless of their work history. SSI benefits are income-based (i.e. means-tested).
NOTE: Today’s discussion is not related to social security retirement benefits. That is an entirely different program administered by the Social Security Administration.
Apply on Your Own, First
If you are trying to get social security disability benefits, it’s often a good idea to apply on your own, first. As Jeff explains, the vast majority of these applications will be denied. This notification is typically issued 3-4 months after you’ve submitted your initial application. It’s just how our system works.
There are some situations in which your application for social security disability benefits will be approved on the first attempt. It may be due to the severity of your medical condition. For this reason, there’s no advantage in having an attorney get involved. You’ll avoid attorney fees.
Jeff’s personal approach is that he doesn’t feel he should charge a fee, when he really didn’t do work on the initial application, assuming it was approved.
Once you receive an official denial of your social security disability application, then it’s time to consult with and hire an attorney.
How to Make Your First Application for Disability Benefits
The first option is to do it online, at http://www.ssa.gov/. If you don’t feel you will be able to submit it online, Jeff recommends contacting your local Social Security office on the phone or in person. They can schedule time to take the application for you.
Once you’ve filed the application, you’ll receive several forms including:
- A medical release authorizing access to your medical records
- A physical activities report
- A work history report, SSA form 3369
Jeff Roberts Can Represent Social Security Clients in all 50 States
Social Security is a federal program. As an attorney who handles social security disability claims (SSDI and SSI), he is licensed by the Social Security Administration to represent clients across the country. He estimates he’s handled these types of cases in 10-12 different states.
Jeff has an extensive, 30-year background in handling personal injury cases and Kentucky workers’ compensation claims. He can represent clients throughout the state of Kentucky. It’s the social security disability claims that he can handle on a national basis.
What Is the SSA Form 3369?
The form provides the Social Security Administration with information about the jobs you’ve performed during the previous 15 years. Work performed before that time period are deemed to be less relevant for today’s purposes.
There are multiple sheets to be completed. The first sheet asks for your job title, the specific industry and the period of time you performed that job. This helps them to determine the types of skills you learned and the resulting activities you can perform. This is important when they consider your current physical restrictions. Is it something you could go back to doing?
Each job you’ve held during the past 15 years will have its own sheet to complete. Remember, if you have worked for the same employer, but have had multiple jobs for that employer, you’ll fill out a separate sheet for each job.
Why Does Your Work History Important to the Social Security Disability Benefits?
The reason you are required to list your job skills is because they are looking at a variety of factors. It’s a question of can you go back to one of your jobs. One factor is your age. As you get older, you may or may not be able to perform the type of work you did. If you can’t go back, but have job skills that might be transferable to a different job, it could affect your application.
For instance, if you’ve been in heavy construction and sustain a back or neck injury, you’re not necessarily prepared to take an office job. However, if you were a manager or supervisor, there’s a chance you might be able to use those skills in a different capacity. It generally comes down to the physical requirements and the skills you’ve learned.
Doesn’t the Federal Government Already Have this Information?
Most job applications require you to provide your social security number. Doesn’t the government already know your work history?
Jeff explains that the information the government has may show a parent company, instead of the subsidiary you worked for at the time. This can be confusing.
Also, social security has your employer and the annual income, but does not include your specific job duties. The Social Security Disability Form 3369 is where you will document and provide that information.
Don’t Be Intimidated by the Form
The SSA Form 3369 is actually fairly simple. You shouldn’t be intimidated by it. This is one of the reasons Jeff encourages first-time applicants to do it by themselves.
There are times in which Jeff will get involved with a first-time applicant to help them. For instance, if someone has significant mental health problems or intellectual issues, he’ll get involved earlier in the process. He’ll work through the form with the person to make sure the information is truthful and accurate.
It’s important that you are sure to mention the job duties you can no longer perform. If they only see what you used to do, it may not provide the complete story behind your application for disability benefits. It’s important you’re honest, but don’t downplay your limitations.
Don’t leave areas blank. If you don’t have an exact answer, describe the activity. For instance, it may ask about your ability to lift something. If you don’t know how much the mop bucket weighs, and are tempted not to answer, simply include you lifted a mop bucket and how often you had to do that activity. It provides context and is much better than leaving it blank.
Were You Disabled Due to a Work-Related Injury
As Jeff discussed earlier, he handles workers’ compensation claims in Kentucky. You can file for social security disability and workers’ comp benefits at the same time. You do not have to wait. Jeff is able to represent a client with this exact situation.
It’s an important reminder that your workers’ comp benefits can impact your social security disability benefits. Your attorney needs to be aware of both claims and specific language needs to be considered in the workers’ compensation settlement. If you don’t you could lose your social security disability benefits.
Jeff has over 30 years of experience and knows how to properly negotiate and manage these claims.
The Social Security System Doesn’t Move Quickly
Jeff stresses that you need to be prepared for the social security disability timeline. It moves very slowly from your initial application to your approval. It can take over a year to get your benefits. As a general rule, Jeff tells his clients to expect it to take a year and a half.
There are steps that have to be followed. Some of the delays don’t make a lot of sense. There is a chance that your case could be approved at the “reconsideration” level, but it simply takes time. There are also multiple requests for reconsideration.
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing a client filing for social security disability benefits is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County and now Christian County, Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
We hope you found this episode insightful and helpful. Thank you for listening!
Is It Time to Speak with an Attorney about your Social Security Disability Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
