A non-medical source is any source of evidence that is not a medical source, as explained
in DI 22505.001A.5. The adjudicator determines, based on the case facts, when developing evidence from
a non-medical source (e.g., educational personnel, public and private social welfare
agency personnel, family members, caregivers, friends, neighbors, employers, and clergy)
could be useful to assess the claimant's limitations and functioning. When contacting
a non-medical source by telephone, do not disclose any unnecessary personal information
about the claimant or their disability claim, see DI 22505.014 and GN 03313.001B.
Before making any attempt to contact a non-medical source about the claimant's functioning,
confirm there is a valid SSA-827 (Authorization to Disclose Information to the Social
Security Administration (SSA)) in the file. If there is no valid SSA-827 in file,
pause development until disclosure is authorized by a new SSA-827.
In situations where a non-medical source asks us to send them a valid SSA-827, ensure
that the claimant's SSN is obscured so that it cannot be viewed by others. Do not
automatically send a non-medical source the SSA-827 when we ask them to submit evidence
(e.g. SSA-3380-BK (Function Report – Third Party)), unless the source specifically
requests it.
IMPORTANT: The intent of requesting functional information from the claimant or other non-medical
sources is to obtain a sufficient picture of the claimant's functioning over time.
Generally, do not undertake the failure to cooperate procedures explained in DI 23007.015 when the case evidence includes sufficient information to assess the claimant's functioning,
but the claimant did not comply with a request to submit the SSA-3373-BK (Function Report – Adult).
For information on obtaining a new SSA-827, see DI 22501.007.
For information on how to follow up on a request for evidence or action by telephone
or by letter from the claimant or a third party, see DI 22505.014.
For information on our minimization policy and disclosure of information to third
parties, see GN 03316.005B.
Generally, we collect information from the claimant about their functioning by sending
them the SSA-3373. The SSA-3373 may provide information about the claimant's daily
activities, such as the ability to complete personal care, prepare meals, do household
chores, travel, shop, manage money, do hobbies, and socialize with others.
When further clarification is needed after reviewing the SSA-3373, consider whether
a telephone contact with the claimant or third party for additional information might
be useful, as explained in DI 22511.011. Document the telephone contact following DI 22511.007D, in this section.
NOTE: When you have made and documented a reasonable but unsuccessful effort to obtain
the claimant's cooperation to comply with a request for evidence or action, including
involving a third party in claims requiring special handling, you may discontinue
developing evidence that requires the claimant's cooperation, as explained in DI 23007.015.
For information on how to follow up on a request for evidence or action, see DI 22505.014.
For information on how to involve a third party when the claimant fails to cooperate
in cases requiring special handling, see DI 23007.010C.
Third party information about the claimant's functioning is not required in all cases
but can be useful to clarify or supplement other case evidence or the claimant’s statements,
even when special handling is not involved. When the Disability Determination Services
(DDS) decides that additional evidence is needed to fully evaluate a claimant's functional
limitations, and the claimant-designated third party(as defined in DI 23007.001C) is considered to be a good source for that information, send the third party a request
to complete the SSA-3380-BK (Function Report – Adult – Third Party). Do not contact a third party from a prior
folder or a prior level of adjudication, as noted in DI 23007.001C (NOTE).
For information on the third party contact and where to locate their information on
the SSA-3368 or SSA-3441, see DI 23007.001C.
For information on identifying and involving the third party, see DI 23007.010.
Generally, information from the claimant's past employer(s) is not necessary to assess
the claimant's functional abilities; however, there may be certain situations in which
information from an employer is useful. For example, to obtain information about whether
the claimant:
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•
Received special help or supervision to perform their job duties;
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•
Responded appropriately to others, including co-workers and supervisors; and
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•
Maintained regular attendance and punctuality.
When the adjudicative team decides that more information is needed, and the claimant's
past employer(s) is considered to be the best source of that information, send the
employer a request to complete the SSA-3385-BK (Report of Adult Functioning – Employer). Contact the claimant and ask to whom we
should send the SSA-3385 and the address or location where it should be sent.