How Co-Worker and Employer Statements Can Win Your Disability Appeal

Jason Bailey has been a lawyer for two decades. A little over a decade ago, he began refocusing his practice to representing  Social Security disability claimants after taking a pro bono cessation case where the Social Security administration’s bullying of a little old lady (for the SSA’s own mistakes) made him mad. Now his work is exclusively for Social Security claimants, especially Social Security disability appeals for denied claims. He helps clients fight for and secure the benefits they deserve, especially after they have been denied by Social Security.

Quick Answer

Employer and co-worker statements documenting workplace accommodations can be decisive evidence in disability appeals. When the Social Security Administration (SSA) reviews your work history, statements showing that your employer made special allowances—like flexible schedules, extra breaks, modified duties, or attendance flexibility—prove you could not maintain employment under normal conditions. These third-party observations carry more weight than self-reported symptoms and directly address whether you can perform substantial gainful activity in the general workforce.

Why Your Work History Might Be Hurting Your Disability Claim

When you apply for Social Security Disability benefits, the SSA evaluates your current job and work from the past five years. A strong work record can paradoxically work against you—if it appears you successfully performed your job duties without limitation, the SSA may deny your claim. However, what employment records do not show are the informal accommodations that made working possible: extra breaks, flexible scheduling, reduced responsibilities, or environmental modifications that most employers would not provide.

What Types of Workplace Accommodations Matter in Disability Cases?

Attendance and Schedule Modifications

Did your employer allow you to miss work frequently, arrive late, or leave early due to medical symptoms? Common examples include:

• Missing work 2-3+ days per month for migraines, seizures, or chronic pain flare-ups
• Arriving late due to morning stiffness from rheumatoid arthritis or medication side effects
• Leaving early when symptoms became unmanageable
• Last-minute call-offs for unpredictable conditions like epilepsy or severe depression

Extended or Frequent Breaks

Many conditions require more breaks than standard work policies allow:

• Frequent bathroom access for Crohn's disease, ulcerative colitis, or IBS
• Position changes (sitting/standing) for chronic pain or circulatory conditions
• Rest breaks for chronic fatigue syndrome or cardiac conditions
• Diabetes management breaks for blood sugar monitoring

Modified Physical Requirements

Physical limitations may have required your employer to:

• Provided a chair when the position required standing
• Reassigned lifting duties to co-workers
• Allowed slower work pace with colleagues compensating
• Reduced physical workload or eliminate strenuous tasks

Environmental Accommodations

Environmental modifications demonstrate you could not function in standard conditions:

• Working in dark, quiet spaces for migraine or light sensitivity
• Using temperature-controlled workspaces for conditions affected by heat/cold
• Using isolated workspace to minimize sensory stimulation
• Avoiding fluorescent lighting or loud environments

Social and Interaction Modifications

Mental health conditions often require social accommodations:

• Eliminating public-facing duties for severe anxiety or social phobia
• Working alone for PTSD or panic disorder
• Avoiding meetings or crowded spaces
• Limiting interaction with customers or co-workers

Reduced Responsibilities or Productivity

Gradual workload reductions indicate you were not performing at the position's normal level:

• Fewer responsibilities than job title suggests
• Challenging tasks reassigned to others
• Significantly decreased productivity tolerated by the employer
• Modifying job duties to match declining capabilities

Why Do Employer and Co-Worker Statements Carry So Much Weight?

Third-party workplace statements are powerful because they provide:

Objective, Independent Verification

Unlike self-reported symptoms, which the SSA may view skeptically, statements from supervisors and co-workers offer independent corroboration of your limitations. These witnesses observed your struggles firsthand and have no financial stake in your claim outcome.

Real-World Context

Employer statements bridge the gap between medical diagnoses and functional limitations in actual work settings. They answer the critical question: Could you maintain employment under normal conditions, or only because of exceptional accommodations?

Specific, Quantifiable Evidence

Co-workers can detail specific instances—covering your duties during symptom flares, witnessing daily struggles, or helping with tasks you could not physically manage. This concrete evidence is more persuasive than general descriptions of symptoms.

What Makes an Effective Employer or Co-Worker Statement?

Not all statements are equally helpful. The most effective ones include:

Specific Examples Over General Statements

Weak: "John had health problems."

Strong: "John missed an average of 3 days per month for migraine headaches from March 2023 through December 2024. On days he worked, he frequently needed to leave early or work in a darkened office away from other employees."

Quantifiable Information

Include measurable data:

• Frequency of absences or accommodations
• Duration and timing of limitations
• Productivity comparisons (e.g., completed 40% fewer tasks than similarly-positioned employees)
• Specific limitations (e.g., could not lift more than 10 pounds)

Comparison to Standard Job Requirements

Explain how your situation differed from normal expectations: While other sales associates were required to stand their entire 8-hour shift, we provided Sarah with a stool because her back condition prevented prolonged standing. This accommodation is not available at most retail positions.

Timeline Information

Document when accommodations began and how your condition progressed: We started allowing flexible scheduling in January 2023 when symptoms increased. By October 2024, absences became so frequent that we mutually agreed employment was no longer sustainable.

How Do I Get an Employer or Co-Worker Statement?

Who Should Provide Statements?

Best sources, in order of priority:

1. Direct supervisor or manager (has decision-making authority over accommodations)
2. Human Resources personnel (can document formal accommodations and attendance records)
3. Co-workers with close daily contact (can describe specific instances and observations)
4. Long-term colleagues who observed your condition progression

How to Request Statements

Make it easy for witnesses to help:

• Provide specific topics to address (accommodations made, frequency of absences, modified duties)
• Offer a template they can personalize
• Supply dates and examples they can reference
• Explain that detailed, specific information is more helpful than general support
• 
  

What If My Employer Will Not Provide an Official Statement?

If company policy prevents official statements:

• Ask supervisors or managers to provide personal letters (not on company letterhead)
• Request letters from multiple co-workers based on their individual observations
• Ask HR for attendance records, disciplinary actions, or accommodation documentation
• Use performance reviews that may reference health-related issues or accommodations
• 
  

When Should I Submit Employer and Co-Worker Statements?

Timing matters for maximum impact:

Initial Application

Include statements with your initial disability application when possible. Proactive documentation of workplace accommodations can prevent denial in the first place.

Reconsideration Stage

If initially denied, employer and co-worker statements are crucial evidence for reconsideration. They address the specific reason for denial—demonstrating that your work history required exceptional circumstances.

Hearing Before an Administrative Law Judge

These statements become powerful evidence at hearings. The judge can question the credibility and specificity of accommodations, making detailed written statements (and potentially witness testimony) particularly valuable.

How Workplace Statements Change Your Case Outcome

Documentation of accommodations fundamentally changes how the SSA views your claim:

Without Workplace Statements

SSA sees: Consistent or spotty employment through your disability onset date often leads to confusion about why you left employment and a presumption you could return, resulting in claim denial.

With Workplace Statements

SSA sees: Employment only possible due to extraordinary accommodations unavailable in general workforce, leading to conclusion of cannot perform substantial gainful activity under normal conditions, resulting in claim approval.

Real-World Example

“Maria” worked as a office helper doing odd jobs in a manufacturing setting. Her case initially was a problem because her work record showed significant employment. However, her boss provided a statement documenting that:

• Maria was allowed to sit when most people had to stand
• She missed an average of 2-3 days per month for symptoms
• Co-workers covered her tasks when she needed breaks or to leave early
• They made allowances for her that they would not have made for other, more able workers
• She worked shorter shifts than other similar workers

With this evidence, Maria's appeal was successful. Part of the Administrative Law Judge’s decision concluded that the accommodations provided were not available in the competitive workforce, and Maria could not maintain employment under normal conditions.

Common Mistakes to Avoid

Waiting Too Long to Request Statements

Do not wait until your hearing to gather workplace evidence. Supervisors change jobs, co-workers move away, and memories fade. Request statements as soon as you stop working or file your application.

Vague or General Statements

Generic support letters (John is a good employee who tried his best despite health problems) provide little value. Specific, detailed accounts of accommodations and limitations are essential.

Failing to Document Informal Accommodations

Many valuable accommodations are never formally documented—a supervisor quietly adjusting schedules, co-workers covering duties, or modified expectations. These informal arrangements are often the most important to document through witness statements.

Overlooking Co-Worker Statements

Do not rely solely on supervisor statements. Co-workers often have closer daily contact and can provide detailed observations that supervisors might not witness. Multiple perspectives strengthen your case.

How a Disability Appeals Attorney Can Help

Gathering and presenting workplace accommodation evidence requires strategic expertise:

• Identifying which accommodations are most significant for your specific condition and job type
• Guiding witnesses on what information to include and how to structure statements
• Integrating workplace statements with medical evidence and your testimony
• Addressing SSA concerns about your ability to work under normal conditions
• Presenting evidence persuasively at reconsideration and hearing stages

An experienced disability appeals attorney understands what the SSA looks for and can help you gather workplace documentation that transforms a seemingly strong work record from a liability into proof of disability.

Do Not Let Your Work Ethic Hurt Your Claim

Your determination to continue working despite serious health conditions demonstrates character and resilience—but without proper documentation, it can lead to claim denial. Employer and co-worker statements showing the extraordinary accommodations that made working possible convert your work history from evidence against your claim into powerful proof that you cannot work under normal conditions.

If you have been denied disability benefits or are preparing an appeal, do not underestimate the importance of workplace accommodation evidence. Contact [Firm Name] at [Phone Number] for a free consultation. We will evaluate your case, identify the evidence you need, and fight to secure the benefits you deserve.

Key Takeaways

• Workplace accommodations prove you could not work under normal conditions, even if your work record looks strong
• Common accommodations include schedule flexibility, extra breaks, modified duties, environmental changes, and reduced social interaction
• Effective statements are specific, quantifiable, and compare your situation to standard job requirements
• Both supervisor and co-worker statements are valuable—gather multiple perspectives
• Request statements as soon as possible; do not wait until your hearing
• A disability appeals attorney can help identify, gather, and present this crucial evidence strategically

Related Questions About Disability Appeals and Work History

Can I get disability if I am still working?

You can apply for disability while working if your earnings are below the substantial gainful activity (SGA) limit ($1,550 per month for non-blind individuals in 2024, $2,590 for blind individuals). However, the SSA will scrutinize whether accommodations make your work possible. Documentation of workplace accommodations is crucial in these cases.

What is substantial gainful activity (SGA)?

Substantial gainful activity refers to work that involves significant physical or mental activities and is done for pay or profit. The SSA uses monthly earning thresholds to determine SGA. Even if your earnings are below SGA limits, the SSA evaluates whether you could perform similar work without special accommodations.

How long does a disability appeal take?

Timeline varies by stage: Reconsideration takes 3-5 months; a hearing before an Administrative Law Judge can take 12-24 months from request to decision. Strong evidence, including workplace accommodation statements, can strengthen your case at any stage and potentially lead to earlier approval.

What percentage of disability appeals are successful?

Approximately 63% of disability claims are denied initially. At the reconsideration stage, about 87% are denied. However, at the hearing level (before an ALJ), approximately 45-50% of appeals are successful. Representation by a disability attorney significantly improves success rates, especially when comprehensive evidence including workplace statements is presented.

Should I get a lawyer for my disability appeal?

Statistics show that represented claimants have significantly higher approval rates than unrepresented claimants, particularly at the hearing stage. A disability attorney can identify crucial evidence (like workplace accommodations), gather documentation effectively, and present your case persuasively. Most disability attorneys work on contingency—you pay nothing unless you win.

Why Choose Disability Alabama?

• No upfront fees—we only get paid if you win your case
• Free case evaluation to assess your claim's strengths and identify missing evidence
• Proven track record of securing benefits for clients with denied claims
• Expert guidance on gathering employer and co-worker statements that win appeals
• Personalized representation at every stage—reconsideration, hearing, and beyond

📞 Call (205) 293-5293 or visit DisabilityAlabama.com to schedule your free consultation.

Time matters in disability appeals. The sooner you gather workplace accommodation evidence, the stronger your case will be. Former employers and co-workers become harder to reach as time passes, and memories fade. Act now to protect your rights and secure the benefits you need.



Your financial security and peace of mind are too important to leave to chance. Contact us today and let our experienced disability appeals team fight for the benefits you deserve.