By Elizabeth Dickey , J.D. · University of Virginia School of Law
Updated by Diana Chaikin , Attorney · Seattle University School of Law
Many disability applicants know that they have to gather medical records and detail their activities of daily living in order to help win their disability case. But few applicants take the extra step of asking caregivers, relatives, or employers to write a disability letter—also called a third-party witness statement—even though it can give Social Security important insight into potentially disabling conditions.
Witness statements can be helpful to your disability application if you ask the right people and if the letter contains the kind of information that the Social Security Administration (SSA) cares about.
The SSA wants to know about any struggles you have with your activities of daily living, because it makes sense that something you have trouble doing at home would be as difficult, if not more so, to do at work. While you have the opportunity to discuss your activities in detail in the questionnaire included with your application, having confirmation of your limitations from people who have first-hand knowledge of your condition can be a powerful tool to help win your case.
Anybody that you've known closely for a long time (say, several years) is a good candidate to ask for a personal statement disability letter. Examples of potentially persuasive witnesses include:
Spouses seem like a natural choice to ask for a disability recommendation, but they aren't always the most objective observers, and the SSA might discount their testimony because they have a financial stake in the outcome of your case. If your spouse wants to write a disability letter, make sure they stick to specific examples of how your condition limits you, such as causing a change in who performs household chores or pays the bills.
Disability SecretDon't send Social Security as many letters as you can collect from everyone you know. Instead, consider which one or two people know the most about your impairment, and submit letters from them. You won't help your case by adding a dozen witness statements to your file if none of them provide new, first-hand information about your limitations.
Personal witness statements should include concrete examples of your impairment that the witness has seen directly. Statements where the person just repeats what you've told them and doesn't add any new information aren't very helpful.
For example, a caregiver who helps you organize your medication every week because you can't remember which pills to take could write a useful letter about how your forgetfulness affects your ability to complete basic tasks.
Disability letters should also include basic identifying information that lets the SSA know the person's relationship to you. The witness should mention how long they've known you for, how frequently they see you, and in what capacity (such as employer, relative, or caregiver).
Here are some examples of disability letters from caregivers, relatives, and employers that illustrate when a witness statement can help an application for Social Security benefits.
Caregivers are often very good sources for letters of recommendation. They can be paid professionals, like in-home care nurses, or unpaid relatives who help you out with various tasks. Below is a caregiver sample letter for a disability applicant with rheumatoid arthritis.
Dear Social Security,
I have been taking care of Judy Brown for two years. I come to her house every day for three hours. She has problems doing tasks with her hands, and her arthritis has gotten worse in the two years that I have been helping her.
Ms. Brown can't do many things in the kitchen because of the problems with her hands. I prepare two meals for her every time I visit so that she can have a lunch and dinner that just need to be warmed in the microwave until I visit again. She can't use a knife to prepare food or cut food on her plate, so I make food that is already in bite-sized pieces.
I also help Ms. Brown open her mail because she can't use her hands to get the envelopes open. I help her pay her bills and check her email on the computer. I help her cut her nails and do her hair.
Ms. Brown also has some problems getting around. For example, it's not safe for her to get in and out of the shower by herself. She has fallen twice in the last year when she has tried to get out of the shower by herself. Once I found her on the bathroom floor and had to call an ambulance for her because she had dislocated her shoulder when she fell.
Sincerely,
Tina Smith
Home Care Worker
Note that the letter makes specific reference to tasks that somebody with arthritis could be expected to struggle with, and are based on the caregiver's direct observations.
Many disability applicants get extra help from their relatives or spouses, who've often known the applicant before their health deteriorated and can compare their previous capabilities with their current functioning. Below is a sample letter that a relative or spouse might submit for a relative with fibromyalgia.
Dear Social Security,
I am Lucy Temple's cousin. I've known Lucy since we were kids, and we still live in the same town. I stop by her house every weekend to help her with chores and keep her company.
Lucy and I have always enjoyed being outdoors. But after she received a diagnosis of fibromyalgia several years ago, we stopped doing outdoor activities together. We used to go on many hikes, but the last time we tried hiking, she got fatigued walking a few feet to the trailhead and we had to turn back. When I visit her, she just stays in her reclining chair.
Lucy has become more isolated since her diagnosis. She used to have company over regularly, but lately I'm the only person who comes over. I've noticed her house has gotten messier, where before she was always very tidy. I try to engage her in conversation to keep her spirits up, but she has a hard time following along, and will often doze off after half an hour.
Sincerely,
Sarah Pardo
Relative of Disability Applicant
The above letter can be persuasive to Social Security because it shows how the applicant's activities have changed as a result of their medical condition. For more information, see our article on when letters from friends and family can help your disability case at a hearing.
Letters from your former manager, supervisor, or boss can be particularly helpful in a disability case. While you might feel awkward asking your old employer for a disability recommendation, if they can vouch that your medical condition made it hard for you to work, Social Security can take that as a sign that you can't do that type of job (and may even rule out all work.)
Below is a former employer sample letter for a disability applicant with bipolar disorder.
Dear Social Security,
I am the manager of the Quickie Mart in Snow City, Florida. Hugh Moon worked as a cashier for us from January 1, 2022 until March 12, 2022. Mr. Moon had repeated problems getting to work on time while he was an employee here. My records show that he was late on more than half of the days that he worked for us. In addition, I received numerous complaints from customers about his bad attitude. He would often seem like he was ignoring customers, or he would mumble to them when they spoke to him.
Mr. Moon did not fit in with the other staff here. He stayed to himself and avoided talking to me or to coworkers. His reluctance to interact with people made it difficult to supervise him because I was never sure if he was getting information or if he had questions.
On the few occasions that I tried to talk to Mr. Moon about his poor performance, he overreacted and got very angry with me.
On March 12, 2022, Mr. Moon was waiting on a customer at the cashier's stand. The customer said something to him that made him angry, and he screamed an obscenity at her and then shoved all of the counter displays in his reach off the counter towards her. I fired Mr. Moon because of that incident.
Sincerely,
Joe Quick
Store Manager
Once again, in the above letter, the manager makes reference to specific incidents and personal observations about his employee's performance. Social Security will likely find this letter to be compelling evidence that the applicant's bipolar disorder prevents him from working due to his unpredictability and poor attendance.
If you're having trouble deciding which caregiver, relative, or employer you want to write a personal statement witness letter, consider hiring an experienced disability attorney or advocate. Your lawyer can help you determine which witnesses are more likely to write favorable letters that can increase your chances of getting benefits.