Writing a Witness Letter to Support a Disability Claim

When compiling a Social Security disability benefits application, it can be a good strategy for an applicant to include a letter from a caregiver, past employer, or family member. The Social Security regulations state that the Social Security Administration (SSA) can use evidence from qualifying nonmedical sources to show the level of a medical condition and how that condition prevents the applicant from working.

This is known as a witness letter or third-party letter. They can be very helpful to a case especially where there is a limited amount of medical records. Depending upon where an applicant lives, the law may also require that an administrative law judge (ALJ) consider a witness letter and will need to discuss them in any written opinion where they decide to deny benefits to the applicant. If they fail to do so it can be the basis for an appeal.

Who Should Write a Witness Letter?

Any person who has closely observed the person applying for social security disability benefits can write a witness letter to support the disability claim. For credibility purposes the person writing the letter, referred to as a witness, should be in frequent contact with the applicant and have known them for a long period of time. The best possible witnesses to write a letter include a spouse, a close relative, a close friend, a mentor, a pastor, a neighbor, a past employer, or a long-time caregiver.

If you're concerned about whether or not someone is a witness, talk to your lawyer. They will be able to offer tips and suggestions as well as offer insight into whether or not your witness is appropriate.

What Should Be Included in a Third-Party Letter

The main purpose of a witness letter is to explain why the applicant is no longer able to take care of themselves or perform work duties. Any and all information that pertains to the reason, events leading up to the accident or what cause the disability or any other information should all be included. Clarity is kindness and it’s important to include anything that would support the disability claim.

Some topics to address in a witness letter:

How long the witness has known the applicant, their relationship to the applicant, and how often they have contact with the applicant in a given week

A description of activities the person applying for social security disability benefits can no longer perform due to their disability. Tasks the applicant has trouble performing can also be included. These can be tasks like housework, lifting items, walking, standing, sitting, use of hands, personal hygiene, being able to operate a car, or doing everyday errands outside of the home on their own

If the applicant has trouble with their memory, if they need to write things down not to forget them or if they may be unable to follow along with conversations

How the applicant interacts with others

If the applicant needs to take breaks or lie down during the day and for what period of time they need a break

If the applicant’s disability seems to be digressing or improving

In a witness letter, the witness should include facts based on what they have witnessed themselves while with the applicant. It can be easy for an ALJ to quickly dismiss a letter that does not go off of eye-witnessed behaviors and events.

If you need help writing a witness letter seeking the professional advice of a social security disability lawyer is a good idea. They can be extremely helpful with the entire application process to help ensure a better chance at benefit approval. They will also provide a list of specifics that may be isolated to your state, county or city.