I just received a Function Report questionnaire in the mail from Social Security. What should I do?

A: Complete the questionnaire right away!

You only have a limited time to comply (10 days from the date of the letter) with Social Security’s request so, don’t delay.

But, don’t rush through your answers either.

Whenever you are completing any of Social Security’s questionnaires or forms, you’ll want to keep the following in mind:

  • Be honest.
  • Don’t exaggerate, but be specific about your limitations.  
  • Don’t say that “you can’t do anything.”  
  • Most importantly, comply with the request with the time Social Security has allotted.   

Remember, Social Security has closed disability claims based on a claimant’s non-compliance.

I’ve often heard that my disability must meet a “listing”. What exactly is a listing?

A: The Social Security issues a “Listing of Impairments” that sets the criteria for determining whether an individual is disabled. It is very difficult to meet or equal Social Security’s Listing requirements. There are Listings for both physical and mental conditions. If you satisfy the requirements in a Listing you are found to “meet” the Listing. 

 

If you have more than one severe condition, the conditions should be combined in determining whether the symptoms are severe enough to “equal” a Listing. For example, if the claimant suffers from both mental and physical impairments, the physical and mental limitations can be combined to equal a Listing.

How long does it take to get a decision?

A: Generally it takes 3 to 6 months to receive a decision. If you are not satisfied with the SSA’s decision, you may appeal your decision. If you are denied at the initial application you can appeal your decision by filing a request for Reconsideration. If your Reconsideration is denied, you will need to request a hearing with an Administrative Law Judge (ALJ). It can take between 6 months and 2 years to have an ALJ assigned to your claim.

 

Note: It is important that you continue to appeal your denials. Many people start a new application rather than appealing the denial.

Can abusing alcohol or illegal or prescription drugs harm my disability claim?

A: Abusing controlled substances is a sure-fire way to have your disability claim denied. When abused, certain controlled substances can produce mood/affective disorders and psychotic symptoms.

 

In a case where the claimant is suffering from major depressive disorder and an addiction to alcohol, a judge may say that if the claimant stops drinking and receives treatment for their addiction, they would no longer feel depressed and consequently, deny the claim.  

 

Similarly, in a case where the claimant suffers from a physical impairment like, a heart condition, and admittedly abuses cocaine, the judge may rule unfavorably on the basis that cocaine is damaging to the heart.

 

If you have filed a disability claim and you are abusing drugs or alcohol, it is important that you seek treatment for your addiction immediately. You will also need a letter from your treating physician or alcohol/drug treatment program stating that you are clean and the date you stopped using.