ANXIETY, PTSD, DEPRESSION, HEADACHES

Conditions like PTSD, Major Depressive Disorder, Bipolar, Migraine Headaches, Depression and Chronic Fatigue are sometimes called "invisible diseases."  There are no objective medical tests that prove the existence of these conditions.  Moreover, it is very difficult to medically determine their severity.

Social Security judges and decision makers are becoming increasingly more skeptical of awarding disability benefits to claimants based on these conditions.  This is especially true in claimants under the age of 50.

If you base a disability claim on these issues, you are going to need big time evidence to prevail.  Here are some things that judges and adjudicators will look for:
  • a long history of treatment by mental health professionals, including a psychiatrist or licensed psychologist.  Seeing a counselor, nurse practitioner or even a family doctor probably won't be sufficient. 
  • a prolonged history of treatment with several prescription drugs, taken according to directions, which have not provided relief of severe and consistent symptoms.
  • hospitalizations or unsuccessful treatment with drugs combined with alternative treatment, such as electroconvusive therapy (ECT).
 No matter how severe the symptoms, if they are improved by treatment, Social Security will look at your residual functional capacity AFTER treatment.  In other words, they will look at what you are able to do after maximum improvement that occurs due to treatment.  So, if a person has been suffering from two severe migraine headaches per week but medication has reduced the headaches to only once a month, the condition will probably be considered "not severe, not debilitating."

To win disability cases based on migraines or mental impairments that do not meet Listing levels, I think you must rely on proving severity based on....
  • Being off task 20 percent or more, OR
  • Being absent at least 2 or more days per month due to your illness 
I think you also must convince a judge that your activities of daily living are severely restricted, even with the best medical treatment available.  In other words, your ability to cook, clean, do laundry, dress, shop, visit, take vacations, cut the grass, drive--and perform all the other activities of a normal life--are severely restricted by your illness.

 
 


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