GETTING DISABILITY BENEFITS FOR MENTAL ILLNESS


Social Security will consider mental impairments or illnesses on an equal basis with physical impairments when it comes to awarding disability benefits.  Any number of psychological impairments may qualify.  A few of the more common ones include bipolar disorder, anxiety, depression, panic disorder, schizophrenia, retardation or delayed development, obsession-compulsive disorders, and many more.

Social Security is required to use the same sequential process to evaluate mental or psychological disorders.  Very briefly - and without explanations - here is an outline of the five-step sequential process.
  1. Is the claimant now working (earning at least $1,010 per month before taxes)?
  2. Does the claimant have a severe and medically determinable impairment?
  3. Does the claimant meet a listing?  If not, what is his/her residual functional capacity?
  4. Can the claimant perform any of his/her past relevant work (work done in the past 15 yrs.)?
  5. Is there any other work that a claimant of that age, education, skill level, work experience and residual functional capacity can do?
Those are the five important elements of any Social Security disability case.  Keep in mind that the state agency which makes the initial determination about disability often interprets data in an unfavorable manner resulting in a 75 percent denial rate (which varies state by state).  Therefore, most claims are not won at the first stage but many can be won at the second stage - which is an appeal involving a hearing before a US administrative law judge. 

Are disability cases involving mental impairments more difficult to win than cases involving physical impairments?  My experience is that they are not.  The evidence will obviously be different but the principles remain the same.  One of the clues is to have a good "trail" of medical evidence and treatment by a physician, preferrably a psychiatrist.

The Forsythe Firm  is experienced in Social Security disability cases involving psychological illness.  There is no fee for our service unless you win your claim AND collect back benefits. Reach us at (256) 799-0297.


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