Message Body

Dear Amy,

I wanted to briefly flag a few things about my current Continuing Disability Review so you have them on your radar in case SSA later claims I did not cooperate.

Over Thanksgiving weekend I received three separate packets (SSA‑3373‑BK Function Report, SSA‑3369‑BK Work History Report, plus a barcoded pain questionnaire, OMB 0960‑0555) with a cover letter saying I had only 4 days to return them (i.e., by November 29). I completed all of them fully and mailed them back within 3 days (November 28); it would not have been possible to do it faster.

I phoned the assigned DDS analyst/adjudicator when I first received the package. The analyst gave her name as “Smerka” – full name unknown. Her contact is listed as Analyst 9285, Tel. (716) 847‑3271 at the Office of Temporary and Disability Assistance. She gave advice that seems clearly inconsistent with the written instructions, for example:

• Telling me I did not need to fill out the Work History form because I had not worked in the last 5 years, even though the form actually asks for jobs in the 5 years before I stopped working.

• Urging me to send the forms uncertified and saying I could give 1–2 word answers or skip questions on the Function form and pain questionnaire if I didn’t think they were relevant.

I ignored that and filled everything out carefully, in line with the written instructions and consistent with the August CDR and medical notes.

SSA/NY DDS provided Business Reply Mail envelopes addressed to a London, KY PO Box. I brought those and completed Certified Mail slips to the post office, intending (per your general advice in the past, and what I’ve read) to put the three BRM envelopes into a larger certified envelope. The postal clerk there was adamant that she could not send them that way and insisted they go out only as Business Reply, with no certified tracking. Under pressure, I let the three BRM envelopes go out that way.

I have:

• Full copies of everything I sent.

• A witness (my mother) who accompanied me to the post office and was present when I handed the three envelopes to the postal clerk on Friday 11/28 at around 4 PM.

My tentative plan is to call the DDS analyst in about 1–2 weeks to ask whether the forms show as received in my file and are considered timely. Because the forms went out without certified tracking, my only proof of mailing is my witness and my full copies. If she says they have not been received, claims they arrived late, or if I later get any kind of “failure to cooperate” or “no forms returned” notice, I will contact you immediately so we can meet and, if needed, re‑send the copies by certified/trackable mail with a cover letter explaining the original mailing circumstances.

Before I do any of that, could you please let me know:

1. Whether you want me to send you my copies now (by mail or upload), or wait until we meet if things don’t work out smoothly.

2. If the analyst claims non‑receipt or late receipt when I call, should I immediately re‑mail certified copies to her, or contact you first?

3. Whether and how you would like me to document the follow‑up phone call with the analyst (e.g., email to myself, written notes with date/time, etc.).

Thank you very much for your guidance on this.

Best regards,