GETTING BENEFITS FOR MENTAL IMPAIRMENTS

Social Security can pay disability benefits for mental impairments, such as severe depression, chronic anxiety, reduced cognitive functioning, and others. The "Blue Book" Listings consider mental disorders under 10 broad categories:

1. Schizophrenia spectrum and other psychotic disorders

2. Depressive, Bipolar and related disorders

3. Intellectual Disorders

4. Neurocognitive or Developmental Disorders

5. Anxiety and Obsessive-Compulsive Disorders

6. Somatic Disorders

7. Personality and Impulsive Control Disorders

8. Autism Spectrum

9. Eating Disorders

10. Trauma and Stressor-Related Disorders

Mental disorders are one of the most difficult disability cases to win. Claimants with a long history of well documented illness have the best chance, especially if their disorder has caused multiple hospitalizations in recent years.

It can be very useful to have a treating psychiatrist or psychologist explain how the mental impairment restricts the claimant's ability to work on a "regular and consistent basis." Social Security calls such an explanation a "Residual Functional Capacity - Mental," or a "Medical Source Statement."

Claimant's considering a Social Security disability application will need the following:

1. Treatment by a licensed psychologist (Ph.D. or Psy.D), or by a psychiatrist (MD).

2. A persistent attempt to control the disorder with medications and/or counseling therapy.

3. A history or medical documentation that the severe disorder has lasted, or is expected to last for at least 12 consecutive months.

4. A satisfactory explanation, based on medical documentation, of how the mental disorder restricts the individual's ability to work a full-time job.

5. As of 2021, the claimant cannot be working and earning wages of at least $1,310 per month.

It is reasonable to expect that the original application will be denied, as with other types of claims. The second review, called "Reconsideration" will almost surely be denied, too. The next appeal is a Hearing before an Administrative Law Judge (ALJ)--and this is the best chance for approval, especially if the hearing appeal has been well prepared with excellent medical documentation. (Only 60 days are allowed to file each appeal).

Disability advocates or attorneys handle these claims every day and know what Social Security is looking for. They understand the high burden of proof required for approval. They are also experts at guiding claims and appeals through the complicated Social Security system. They will not charge a fee for representing you unless two things happen: (1) Your claim is decided in your favor, and (2) You collect back pay or retroactive money from Social Security (lump sum payment).

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The Forsythe Firm

"The Disability People"

Huntsville, AL 35806

PHONE (256) 799-0297