How Do You Answer Form SSA 3373 BK Applying for Social Security Disability?

 

Your Answers to Social Security’s Adult Disability Function Report Can Make or Break Your Case.

 

Like other types of civil litigation, claims and applications for Social Security Disability rely heavily on paperwork.

 

The pre-hearing discovery process for Social Security may look different from that used in workers compensation and car accident cases. But the information sought is similar. And your answers to the Social Security Administration’s (SSA’s) questions about your past employment, medical impairments, and remaining capacity for work can harm your claim.

 

This article discusses one of the many forms the SSA asks disability applicants to complete when evaluating claims – Form SSA 3373 BK, the Adult Disability Function Report.

 

After reading the article, you will understand Form SSA 3373’s importance, considerations when answering the Adult Disability Function Report, and how failing to respond can hurt your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) case.  

 

Keep reading for tips on completing the SSA’s Adult Disability Function Report.

 

And contact us if you have questions or want a free consultation with one of Virginia’s best disability lawyers. We are here to help you and your family through this difficult process.

 

 

What is the Adult Function Report?

 

The Adult Function Report is a ten-page document issued by Social Security.

 

The form has five sections:

 

• General Information

 

• Information About Your Illnesses, Injuries, or Conditions

 

• Information About Daily Activities

 

• Information About Abilities

 

• Remarks

 

Your answers to the Adult Function Report’s questions give the SSA details about how your medical conditions affect your day-to-day function and ability to perform activities of daily living (ADLs).

 

In turn, the SSA uses the information from the Adult Function Report to assess your credibility and determine your capacity for full-time work, even with your physical and mental impairments, symptoms, and restrictions.

 

Then, the disability claim examiner uses your age, education, past work, and the finding on your remaining capacity for work (sedentary, light, medium, heavy, skilled, unskilled) to determine if you are disabled under the SSA’s Medical-Vocational Guidelines (the Grid Rules).

 

When Will Social Security Send the Adult Function Report to Me?

 

After you apply for disability benefits and sign a medical authorization to release records from health care providers, Social Security refers your claim file to Disability Determination Services (DDS).

 

DDS is a State agency that works with the SSA and the Department of Social Services to make decisions on disability claims under the SSDI, SSI, and Medicaid programs. It must follow federal regulations and determine applications based on medical and psychological evidence.

 

DDS evaluates claims at the initial filing stage and the reconsideration level. In addition, and as part of the disability claim evaluation, DDS often (but not always) sends the claimant an Adult Function Report to complete within a few months of your completing the initial application. 

 

Many of you will receive two or more Adult Function Reports to complete – one at the initial level, the second on reconsideration, and the third after you request a disability hearing before an administrative law judge (ALJ). Depending on how long it takes DDS to decide your application, you will likely need to complete the second Form SSA 3373 within four to ten months of filling out the first Adult Function Report. 

 

Who Should Complete the Adult Function Report?

 

You should complete Social Security’s Adult Function Report.

 

Social Security asks disability claimants to fill out the form themselves and “not ask a doctor or hospital to complete [it].”

 

However, it would be best if you still asked your treating health care providers (surgeons, physicians, psychiatrists, psychologists, counselors, chiropractors) to write disability letters. If detailed on your remaining abilities and supported by the other evidence, your doctors’ medical records and narrative reports can boost your credibility and the weight given to the Adult Function Report and your hearing testimony.

 

In addition, asking a family member or friend to help you complete the Adult Function Report if you have difficulty reading, writing, seeing, or comprehending written instructions or questions is ok. Just be sure that the person helping you writes your response and nothing else.

 

What Do I Say About My Disability on the Adult Function Report? Some General Tips.

 

In this article’s next section, I will review some of the questions asked on Form SSA-3373-BK and how to answer them.

 

But first, let’s start with some general recommendations.

 

1. Keep a Diary of All Your Activities for Three Days Before Completing the Disability Function Report.

 

Form SSA-3373-BK asks many questions about how you spend your days.

 

You might not know the answers to some questions right away because you probably have never taken the time to consider the information asked for, at least not with the requested specificity.

 

Therefore, I recommend you write down everything you do for three days before filling out the Adult Function Report.

 

No matter how small or insignificant the task may seem, write down what you did, how long you did it, and what challenges you had doing it for every act, from when you wake up to when you go to bed.

 

In addition, write down how long you slept, whether you slept uninterrupted (and if not, what woke you up), and if you felt refreshed when waking.

 

This information can help prove you are disabled under the Social Security Act.

2. Do Not Exaggerate Your Limitations. You Don’t Need To.

 

A common misperception amongst the general public, disability applicants, and attorneys unfamiliar with Social Security law is that you must be totally disabled and almost bedridden to get benefits.

 

But this is a myth.

 

You do not need to prove that you cannot perform any activities at home or work to win your Social Security Disability claim.

 

Instead, Social Security focuses on what work-related activities you can do in a competitive work environment and sustain indefinitely, five days a week, eight hours a day.

 

Keep this legal standard in mind when you complete Form SSA-3373-BK. And remember, exaggerating your symptoms and restrictions and diminishing your credibility will hurt your claim more than giving honest answers about what you can do.

 

3. Be Specific About Your Limitations

 

When deciding disability claims, the SSA analyzes job tasks and requirements and your ability to do various activities with great detail. 

 

Indeed, the SSA’s attention to detail is different from how many people talk about their symptoms and disability. 

 

Here is an example to show how specific answers can help your Social Security claim. 

 

You suffer a back injury requiring a spinal fusion and a rotator cuff tear in a work-related motor vehicle crash. 

 

These injuries affect your ability to walk and reach overhead, so you apply for SSDI benefits. 

 

The SSA sends an Adult Function Report to you. 

 

And as part of your answers, you state that you cannot walk far or reach overhead often. 

 

This reply is vague. It makes it too easy for Social Security to deny your claim. 

 

I get it. You know what you mean when you say you cannot walk far or reach overhead a lot. 

 

But Social Security doesn’t. 

 

Now compare that first reply to this one. 

 

I can only walk one city block (1/12 mile) before resting for ten minutes. I can keep doing this for about one hour before my back and legs hurt so much that I must lie down the entire day.  

 

In addition, I have a limited range of motion in my right arm, which is my dominant side. As a result, I cannot reach overhead to grab plates and cups from the cabinet. And if I do, pain shoots down my arm into my hand, causing me to drop the item. 

 

This response is more likely to result in a detailed residual functional capacity finding that leads to an approved claim.

 

4. Be Consistent

 

You must be consistent in all parts of your disability claim.

 

What you tell the SSA about your abilities and symptoms in Adult Function Reports (all the ones it asks you to complete) and your medical providers during office visits should match. Otherwise, you risk the claim examiner or ALJ finding you are not credible and denying the claim.

 

5. Read the Entire Question, Take Time to Consider Your Answer, then Write It Down.

 

It is tempting to speed through the Adult Function Report.

 

But don’t.

 

Your answers are critical to your claim.

 

And though you can submit additional evidence or statements to correct an earlier answer on Form SSA-3373-BK, the initial response never completely disappears.

 

So take your time filling out the form, and ask an attorney, friend, or family member for help understanding a question if you do not comprehend it.

 

6. Tell the SSA How Many Good and Bad Days You Have Per Month

 

Many of you have medical impairments that flare for periods, then subside.

 

For example, traumatic brain injury resulting in post-concussion syndrome may cause headaches. But you may not have daily headaches. Instead, you might have to lie down in darkness for several hours, two days per week.

 

Make sure you tell the SSA this when answering the Adult Function Report. Do not ignore these two days per week when you are incapacitated.

 

You can win your disability claim if you cannot work full-time.

 

Therefore, I recommend providing two answers to some questions when applicable.

 

First, explain what you can do on a good day.

 

Second, tell the SSA what you can do on a bad day and how many such days you have per week or month.

 

Handling Specific Questions on Form SSA-3373-BK

 

Now that we have discussed general recommendations for answering the Adult Function Report let’s turn to some specific questions asked by the SSA.

 

General Information Section

 

This part asks for identifying information, where you live, and who you live with.

 

Disability examiners use the information about your living situation to determine if you have kids or family members you must take care of or who can help take care of you.

 

In addition, I have seen multiple ALJs question a claimant about how many floors their home has, what level their apartment is on, and whether the claimant must climb steps to get inside.

 

Therefore, I recommend including whether you have had to move your bedroom or request an apartment transfer to ground level when completing the Adult Function Report.

 

Information About Your Illnesses, Injuries, or Conditions

 

This section asks only one question: How do your injuries, illnesses, or conditions limit your ability to work?

 

And it gives you just six lines to answer.

 

I recommend doing the following:

 

• Do not try to fit your answer in the space given. Instead, write (or type) a complete explanation on separate pages, stating “see attached papers” on the first blank line. 

 

• Use the diary discussed earlier in this article to explain each activity you have difficulty doing.

 

• If you stopped working because of your health, explain what tasks you could no longer do for each job you held.

 

Information About Daily Activities

 

This part asks questions like those listed below.

 

I put recommendations in italics.

 

• Describe what you do from the time you wake up until going to bed. If you keep a diary of daily activities, you can answer this question fully. 

 

• Do you care for anyone else, such as a wife/husband, children, grandchildren, parents, or friends? And if so, whom do you care for, and what do you do for them?

 

I interpret this question as asking if you must help the person with feeding, grooming, dressing, moving about, and similar acts, not if you occasionally grab a drink or get food from a local restaurant for the person. If you answer yes, provide specifics on how often and how often you do these things. Otherwise, the SSA may presume that if you can care for someone else, you can work at some job. 

 

• Do you take care of pets or other animals? And if so, what do you do for them? 

 

• Does anyone help you care for other people or animals? And if so, who helps you, and how do they help?

 

Caring for dogs, cats, birds, and other pets can be challenging.

 

The SSA is looking for specifics on how often you take the animal outside (for example, walking the dog) or feed it.

 

I recommend including information on who helps care for animals and any problems you have when caring for the animal. For example, tell the SSA if you have to take breaks when walking the animal or need reminders to feed it.

 

• What could you do before your injuries, illnesses, or conditions that you can’t do now? 

 

• Do your medical impairments affect your sleep? If so, how? 

 

When answering this question, discuss whether you are tired when you wake up or need naps during the day.

 

In addition, explain what wakes you up? Is it neuropathic pain from diabetes, nightmares from PTSD, frequent urination from a bladder impairment, or something else? 

 

• Explain how your medical conditions affect your ability to dress, bathe, care for hair, shave, feed, and use the toilet. 

 

Describe how your wardrobe has changed due to medical conditions. For example, maybe you no longer wear clothes with buttons or zippers because your hand injury prevents you from manipulating the items.

 

• Do you need reminders to care for personal hygiene?

 

Losing the motivation to bathe or shower is a frequent consequence of depression.

 

In addition, poor personal hygiene may result in termination from employment.

 

• Do you need help or reminders to take prescription medication? 

 

• Do you prepare your meals? If so, what kind of food do you make? 

 

• How often do you prepare meals? 

 

• How long does it take to prepare food? 

 

• Do you cook the same, less, or more than you did before your health affected your ability to work? 

 

The cooking questions serve several purposes.

 

For example, the ability to prepare food indicates you can follow instructions, use your hands and arms for gross and fine manipulation, and concentrate.

 

If applicable, include how often you must take breaks when preparing food, how you feel afterward, and whether you rely on frozen meals or air fryers to make cooking easier.

 

• What household chores do you do? For example, laundry, making the bed, sweeping, mopping, cutting the grass, ironing, and gardening)? 

 

• If you do household chores, how often do you do each activity, and how long does it take you?

 

• If you do not do house or yard work, why? 

 

Similar to the questions about food preparation, these questions about doing chores uncover information about your ability to do physical tasks for extended periods.

 

In addition, your answer could lead to a finding that you have the remaining capacity to do light cleaning jobs.

 

Therefore, you should tell the SSA about breaks you need and how much longer it takes you to do things now compared to before the injury or condition resulting in your disability application.

 

• How often do you go outside?

 

• When you leave home, how do you travel? For example, do you walk, drive, ride in a car, use public transportation, or ride a bike?

 

• Do you drive?

 

• If you don’t drive, why not? 

 

I have seen ALJs use a claimant’s response to driving questions to find the claimant not credible.

 

For example, suppose you answer that you never leave the house or that it is painful to sit for extended periods but drive daily for an hour or more. In that case, the judge is unlikely to believe your testimony regarding the severity of your symptoms.

 

• Do you shop? And if so, do you shop in-store, by mail, or online (Amazon, Target, Wal-Mart)? 

 

• Can you pay bills, count change, handle a savings account, or use a checkbook? 

 

• What are your hobbies? For example, do you like reading, watching TV, watching movies, sewing, or playing sports? 

 

• How often do you engage in your hobbies?

 

• Describe any changes in your ability to participate in your hobbies since the injuries, illnesses, or impairments began. 

 

• Do you socialize with others in-person, on the phone, or online (Facebook, Instagram, Tik Tok)? 

 

• How often do you socialize with others?

 

• Can you leave home alone, or do you ask people to accompany you? 

 

• Do you have difficulty getting along with friends, family, neighbors, co-workers, or strangers? If so, explain these challenges.

 

I recommend including two or three anecdotes describing situations where you had trouble getting along with others.

 

For example, an argument could have led to a workplace assault and battery.

 

Information About Abilities

 

Let’s start in reverse for this section.

 

Medication Side Effects

 

The last question of the section asks what medications you take and whether any of the medicines cause side effects.

 

This part of disability cases is often overlooked.

 

But it shouldn’t be.

 

I have represented many people whose symptoms were out of control unless they took prescription medication.

 

The medicine worked, relieving the symptoms it was supposed to.

 

However, the prescription drugs caused other problems such as drowsiness and fatigue.

 

Therefore, the side effects put the claimants in a problematic situation: Live pain-free but with drowsiness that affects their ability to drive, concentrate, and pay attention, or have pain but remain lucid.

 

Side effects impacting the ability to interact with others, maintain time and attendance on the job, or follow written or oral instructions can result in a finding of disability.

 

Specific Abilities

 

In addition to asking about medication side effects, the Adult Function Report asks you about problems with:

 

• Lifting

 

• Squatting

 

• Bending

 

• Standing

 

• Reaching

 

• Walking (including without stopping and resting)

 

• Sitting

 

• Kneeling

 

• Talking

 

• Hearing

 

• Stair Climbing

 

• Seeing

 

• Memory

 

• Completing Tasks

 

• Concentration

 

• Understanding

 

• Following Instructions

 

• Using Hands

 

Simply checking yes will not be good enough. 

 

Details matter. 

 

You must be specific about how your health affects your ability to do each of these things. 

 

In addition, Form SSA 3373 asks about using assistive devices to walk, see, hear, or talk (for example, crutches, walker, wheelchair, cane, brace, splint, artificial limb from an amputation, hearing aid, glasses, contact lenses, artificial voice box). 

 

However, the SSA is unlikely to give much weight to using these devices unless a medical provider prescribes them. So ask your doctor for documents supporting your use of the cane, crutch, or device. 

 

Problems in Past Jobs or With Authority Figures

 

The Adult Function Report also asks:

 

• If you have problems getting along with authority figures (bosses, teachers, landlords, police) 

 

• Have you ever been fired or laid off from a job due to difficulty getting along with others?

 

• How well do you handle stress and changes?

 

Your answers to these questions are critical if you allege disability from psychiatric conditions. 

 

Remarks

 

This blank section asks “for any added information you did not show in earlier parts of this form.”

 

Following my recommendations earlier in this article, you should write “see attached pages.” Then attach the document with detailed responses to Form SSA 3373.

 

What Happens After I Fill Out the Adult Function Report and Send it to the Social Security Administration?

 

Unfortunately, the Social Security Disability process requires a lot of patience for most applicants.

 

Periods of completing paperwork and obtaining supportive evidence get followed by lulls in activity, where you wonder if anything is happening with your claim.

 

Typically, the Adult Function Report is one of several forms you will complete and submit as part of the application process.

 

In addition, the SSA will request medical records and review any documents from health care providers you submit.

 

Therefore, you should not expect a quick decision on your claim after filling out the Adult Function Report.

 

Instead, you will likely have to wait two to five months for a decision at the initial and reconsideration levels.

 

Fortunately, you might be eligible for back pay if you ultimately win your disability case, in addition to ongoing monthly benefits. The amount you receive depends on the type of claim (SSDI or SSI), the initial filing date, and the date the SSA finds you disabled.

 

Need Help Completing the SSA’s Adult Function Report in Your Disability Claim? 

 

We understand. 

 

When you cannot work due to disability and are worried about how to pay for food, shelter, or other basic needs, paying an attorney seems like a luxury you cannot afford. 

 

But do not let this thought stop you from hiring an experienced Social Security Disability lawyer. 

 

First, my firm works on a contingency fee basis. You will not pay a legal fee unless we help you recover disability benefits through Social Security. 

 

Second, your answers to paperwork from the SSA early in the process (before a trial) can prevent you from getting disability benefits later in the claim, regardless of your testimony or medical reports. 

 

Knowing why Social Security is asking specific questions and how a disability claim examiner or ALJ might use your seemingly innocent answer to deny your case will strengthen your likelihood of success. 

 

And this is where we come in. 

 

Avoiding mistakes or incomplete answers by hiring an attorney before completing Form SSA-3373 puts you in a better position than having to undo past errors as you move through the evaluation process. 

 

And knowing you will not have to submit your forms or medical records to Social Security (or speak with their employees while you have a pending claim) because our firm will do so can reduce your stress and anxiety. 

 

So if you are considering applying for Social Security Disability benefits or have received a denial at any stage of the process, contact us now to speak with a successful Social Security attorney.