When a Partner’s Statement Matters in an SSDI Appeal
A partner who sees a claimant struggle through the week may know things that never come up at a disability hearing: how often a task stops halfway through, how much help it takes to finish, or what happens during a symptom flare. Those observations deserve careful attention when preparing and reviewing an SSDI claim.
In Fain v. Bisignano, No. 25-3219 (9th Cir. Sept. 18, 2026), the Ninth Circuit held that the 2017 changes to Social Security’s medical-opinion regulations did not eliminate its requirement that an administrative law judge give “germane reasons” for rejecting competent lay testimony. A partner’s statement does not require the same analysis as a medical opinion. But that distinction does not permit the ALJ to reject it without explanation. This is a Ninth Circuit holding, not a statement that every federal circuit applies an identical rule.
Fain’s partner supplied details that Fain had not included in her hearing testimony. Chores took two to three times as long as ordinarily expected. During fibromyalgia flares, she could manage little beyond dressing and feeding herself. The ALJ gave no reason for rejecting that account. The court concluded that the omission was harmful because those additional details could affect the disability determination. See the opinion at pages 11–16.
For claimants, the practical lesson is to make a witness’s observations concrete. The following are preparation suggestions, not a checklist imposed by the court:
Explain how the witness knows the claimant and how often they see each other.
Describe specific limitations the witness has personally observed, including interruptions, assistance, and recovery time.
Distinguish what the witness saw from what the claimant reported.
Describe variation honestly. If better days and worse days look different, explain that difference without guessing at frequency or duration.
A useful statement gives the decision-maker facts to evaluate. For illustration, a witness might truthfully write, “I take over dinner preparation when she has to lie down.” That tells a different story from a general assertion that someone cannot work. Accuracy matters more than forceful language. Witnesses should use their own words and acknowledge what they do not know.
When preparing a Social Security federal appeal, counsel can compare the actual statement with the ALJ’s reasoning: Did the decision address the important observations? Did it give a supported reason for discounting them? Could omitted information have affected the outcome? Fain recognizes that valid reasons can justify discounting lay evidence and that some errors may be harmless.
The decision also has limits. The court upheld other parts of the ALJ’s analysis, including the evaluation of three medical opinions and the rejection of Fain’s mental-symptom testimony. It ordered further administrative proceedings, not an immediate award of benefits. See pages 8–10 and 16.
Our related discussion of fibromyalgia and daily activities in an SSDI appeal addresses another part of presenting functional limitations. If you would like to discuss a Social Security denial and the evidence in your case, you can schedule a consultation with Feden Law Group.
This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts and applicable law.