Under the authority provided in sections 205(a), 223(d)(5)(A), 1631(d)(1), and 1631(e)(1) of the Act, the agency may collect information from each applicant for, or recipient of (collectively referred to as ââclaimantââ), disability insurance benefits (DIB) or SSI payments. We use this information as evidence to help us determine eligibility or continued eligibility for DIB or SSI. These sections of the Act grant us the authority to establish procedures for collecting and verifying this evidence. Sections 20 CFR 404.1512 and 20 CFR 416.912 of the Code of Federal Regulations provide detailed requirements for the types of evidence we request claimants provide showing how their impairment(s) affects their ability to work (e.g., medical, work experience, daily activities, efforts to work). When SSAâs Disability Determination Service adjudicative team determines that SSA needs additional information to process an applicantâs or claimantâs case, we use Form SSA-3385, Report of Adult Functioning â Employer, to collect information from a claimantâs current or former employer on an as needed basis, to collect information regarding the claimantâs job performance as evidence to help inform the disability eligibility for the claimant. We send the SSA-3385 with a pre addressed and stamped envelope to a claimantâs direct supervisor, or another person who has direct knowledge of the claimantâs job performance and ask that individual to provide information about the claimantâs day-to-day functioning in a work setting. The respondent completes Form SSA-3385 and sends it back to SSA in the enclosed envelope. Once SSA receives the SSA-3385, the field office scans the form into the claimantâs electronic folder. Then the Disability Determination Service adjudicative team uses this information to evaluate the claimantâs impairment-related functional limitations to determine eligibility or continued eligibility for SSDI or SSI. The respondents are current or former employers who are contacted only when the adjudicative team decides additional information is necessary and the employer may be a good source for the information.
US Code:
42 USC 423
Name of Law: Social Security Act
US Code:
42 USC 405
Name of Law: Social Security Act
US Code:
42 USC 1381
Name of Law: Social Security Act
When we last cleared this IC in 2023, the burden was 1,200 hours. However, we are currently reporting a burden of 868 hours. This change stems from a decrease in the number of responses from 3,601 to 2,604, which represents normal fluctuation in the use of this form (as tracked over years of MI data). There is no change to the burden time per response. Although the number of responses changed, SSA did not take any action to cause this change. These figures represent current Management Information data.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form SSA-3385 Report of Adult Functioning-Employer
Addendum 0805.docx
Report of Adult Functioning-Employer