News and Press Releases

People With Disabilities Foundation Issues Comments Regarding Social Security Administration (SSA) Form 3385-BK, “Report of Adult Functioning – Employer (Docket SSA-2016-0030, Agency Information Collection Activities)

People With Disabilities Foundation (PWDF) recently submitted public comments to the Social Security Administration (SSA) with recommendations regarding SSA information collection. People With Disabilities Foundation (PWDF) is a § 501(c)(3) nonprofit agency with expertise in medical (psychiatric and/or developmental)-legal issues and bases these comments on its 16‑year history of providing legal representation for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) issues for people with psychiatric and/or developmental disabilities.

Form SSA 3385-BK, Report of Adult Functioning – Employer, enables past employers familiar with disability program claimants’ ability to perform work to provide the SSA with information about claimants’ day-to-day functioning in work settings.  This form is used for employees who are applying for SSDI and/or SSI benefits or who are being ceased from benefits due to work activities.

Of upmost importance in our commentary, PWDF highlights that individuals with highly stigmatized disabilities such as severe mental illness or severe developmental disabilities, e.g., psychosis or autism, are not going to tell their employers of their disabilities for fear of discrimination or difficulty obtaining future employment.  The employee has no legal obligation to disclose a disability to an employer unless the employee is asking for a reasonable accommodation.  As a result, the employer will not have information that is pertinent to the work incentive analysis and the SSA will not be able to obtain it through this form, as discussed herein.

You can read our complete comments here.