In my experience as Connecticut and
Massachusetts Social Security Lawyer, I have noticed that one of the most
common mistakes made by SSI or SSDI claimants is that they fail to recognize the
importance that their "work history" plays in the disability
determination process. It is fair to say that many Claimants focus mostly on
their medical conditions and neglect to provide the Social Security
Administration with a precise description of the work that they performed prior
to becoming disabled.
Any competent Social Security
Disability Lawyer knows how important it is to take some time in completing the
SSA's Work History Report. This report can be made using Social Security Form
3369 or by completing the electronic "Adult Disability and Work History
Report" provided in SSA.gov. If you need help with this form, you should
contact a Social Security Lawyer who handles these types of cases on a regular
basis. Every week, my Connecticut and Massachusetts office helps 3 to 4
claimants complete these forms.
A well done Work History Report is
important for three main reasons:
1. This
work history report will assist the Social Security Administration understand
how your injury or illness affects your ability to do the work that you
performed in the past. Social Security focuses on the work that you performed
on the 15 years prior to the date when you became disabled. In the report, it
is important to describe the specific physical requirements of the jobs that
you held during these 15 years.
2. This
report also helps Social Security determine whether you will be able to
transfer your skills to any new type of work that you have not performed in the
past 15 years. For this reason, you must also explain the level of skills that
were required at your past jobs.
3.
A good work record enhances your
credibility as a Claimant! Pursuant to Social Security Disability Rules, a
Claimant who worked consistently before becoming disabled must be given more
credibility than a claimant who was never able to stay employed for a
considerable period of time. When assessing a claimant’s pain and subjective
symptoms, it is entirely appropriate to consider his or her prior work record.
See 20 C.F.R. 404.1529(c)(3) and Social Security Ruling 96-7. The Claimant with
an excellent work history are entitled to a favorable credibility inference.
