The Work History Report When Employers Have Closed
If a company you previously worked for has closed down or gone out of business, you should still list the job on Form SSA-3369-BK (the Work History Report) if it falls within the work-history period SSA asks you to report. A former employer does not have to remain in business for SSA to consider the job. The agency may use your statements, its earnings information, and other available evidence to evaluate your work history.
Claimants often worry that a shuttered business, lost payroll records, or an unavailable former supervisor will derail their claim. In most cases, the practical task is to provide the most accurate information you reasonably can and explain what is unavailable. This guide covers how to report jobs from defunct companies on Form SSA-3369-BK, where to locate old wage records, and how SSA may evaluate your employment history when the former employer cannot be contacted.
Understanding the Past Relevant Work Window
Before spending days hunting down details for older jobs, determine which past employers SSA has asked you to report. Under 20 CFR 404.1565 and Social Security Ruling SSR 24-1p, effective June 22, 2024, SSA generally considers work performed within the previous five years when evaluating past relevant work.
Past relevant work generally means work performed within the applicable period that was substantial gainful activity and lasted long enough for the claimant to learn how to do it. A job outside that period generally will not qualify as past relevant work under the current rule, although SSA may still request additional employment information when developing a claim.
Some claimants may encounter older paperwork containing instructions based on the former 15-year period. Claims governed by earlier rules or subject to later review may also require different information. Follow the instructions SSA provides for your claim. If SSA asks for a longer history, or if the closed employer falls within the period requested, address that employment on the form.
Completing Form SSA-3369-BK for Defunct Employers
Form SSA-3369-BK requests information such as the job title, employer name, dates worked, rate of pay, and average hours per week for each job being reported. When the business no longer exists, complete the section using these guidelines:
- In the employer name block, enter the business name you knew, followed by “Company Closed” or “Out of Business.”
- If the form requests an address or telephone number, provide the last-known information if available and explain that the business is closed.
- Give your best estimate of the start and end dates, using tax records, earnings statements, résumés, or other records if you do not remember exact dates.
- Report your best recollection of the pay rate and hours worked, and identify estimates as estimates when appropriate.
Do not omit an otherwise reportable job merely because the company is gone. If SSA’s earnings information reflects wages from a job that is missing from your work-history paperwork, the agency may ask for clarification.
Describing Duties When Nobody Can Confirm Them
A central purpose of Form SSA-3369-BK is to document the physical and mental demands of your past work. Disability examiners use this information when evaluating whether your medical limitations affect your ability to perform past relevant work.
SSA may evaluate work demands using the claimant’s statements, available employment information, and occupational resources. A former manager or human resources representative is not the only possible source of information about how a job was performed.
When filling out the functional questions for a closed employer, be precise and thorough:
- Describe how much time you spent standing, walking, sitting, bending, and reaching during a typical shift.
- State the heaviest object you lifted and how often you lifted or carried objects of different weights.
- Describe the tools, machinery, or computer software you operated.
- Explain whether you supervised coworkers or had responsibility for cash, inventory, records, or workplace safety.
Answer truthfully and distinguish between facts you remember and reasonable estimates. A detailed, realistic account of your regular duties can help SSA evaluate the job even when the former workplace no longer exists.
Where Old W-2s and Wage Records Live
If you need to verify employment dates or earnings for a closed company, several government and personal sources may retain useful information:
SSA Earnings Records and Queries
The Social Security Administration maintains an earnings record based on wages and self-employment income reported under your Social Security number. POMS RS 01404.000 identifies SSA’s wage-development instructions and related earnings-record procedures.
You can review annual earnings totals by signing in to your personal my Social Security account at SSA.gov. If you need employer-specific information, contact SSA to ask what detailed earnings records are available and whether a fee or written request applies. An earnings record can help identify reported wages, but it may not establish your exact duties, hours, or employment dates.
Internal Revenue Service Wage Transcripts
The IRS offers wage and income transcripts containing information reported on documents such as Forms W-2 and 1099. Taxpayers may request available transcripts through the IRS transcript service or use the appropriate IRS transcript-request form. Availability varies by tax year, and transcript entries may omit or partially mask some information.
These records may show an employer’s legal name and reported compensation even if the company later dissolved. They generally do not describe the work you performed.
State Unemployment and Labor Agencies
State workforce agencies may retain quarterly wage information reported by employers for unemployment-insurance purposes. Access rules and retention periods vary by state. Contact the appropriate state agency or review its online worker portal to learn whether historical wage information is available.
Personal tax returns, old W-2s, bank deposits, résumés, union records, personnel files, and correspondence may also help reconstruct employment details.
Handling Acquired or Merged Companies
In some cases, an employer did not simply vanish; it was acquired, reorganized, or merged into another corporate entity. If your employer was bought by another firm, note the original name you worked under and, if known, the acquiring company’s name.
For example, you might write, “Apex Logistics (later acquired by National Freight Corp; former facility closed).” This can help explain why an earnings record or W-2 displays a corporate name different from the name you remember.
If your employer entered bankruptcy, you generally can explain that fact without researching court dockets or locating a bankruptcy trustee unless SSA specifically asks for additional records. A short note such as “Business closed following bankruptcy” gives the reviewer useful context.
Using Remarks to Clarify Discrepancies
The remarks areas in SSA’s disability and work-history paperwork allow you to explain unusual circumstances. If you worked for a closed contractor whose records are unavailable, or if business records were destroyed, provide a brief factual note.
A helpful remarks note should state:
- The business name and approximate location.
- The last-known dates, pay, and hours, identifying any estimates.
- Why current employer or supervisor contact information is unavailable.
- That the duties described are based on your recollection of the work you actually performed.
A clear explanation may reduce follow-up questions, although SSA can request additional information whenever it considers further development necessary.
Frequently Asked Questions
What should I write for employer contact information on Form SSA-3369-BK if the company closed?
Write the company name followed by “out of business” or “closed.” Provide any last-known address or telephone number you have, explain that no current contact information is available, and complete the remaining questions with accurate details about your duties and job demands.
Will SSA deny my disability claim if it cannot contact my former employer?
An unavailable former employer does not automatically result in denial. SSA may evaluate the job using your statements, earnings information, occupational resources, and any other evidence available. Answer fully and explain why employer records or contacts cannot be obtained.
How can I find my past wages if a bankrupt company lost my old pay stubs?
Review your annual earnings through your personal my Social Security account. You can also ask SSA about available detailed earnings information, request available wage and income transcripts from the IRS, contact the relevant state workforce agency, and check your personal tax or banking records.
This article is general information about SSA filing procedures, not legal advice. Program rules, forms, and processing details change over time, and every situation is different. Consult a qualified representative or contact SSA directly for guidance on your specific claim.
Common questions
What should I write for employer contact information on Form SSA-3369-BK if the company closed?
Write the name of the company followed by out of business or closed in parentheses, provide any last-known contact information you remember, and complete the rest of the form with your actual job duties and physical requirements.
Will SSA deny my disability claim if they cannot contact my former employer?
An unavailable former employer does not automatically result in denial. SSA may evaluate your work history using your statements, earnings information, and other available evidence.
How can I find my past wages if a bankrupt company lost my old pay stubs?
You can review annual earnings through your personal my Social Security account and ask SSA or the IRS what more detailed earnings records are available.