Mental illnesses are a serious issue and the majority of the people applying for Social Security Disability Benefits due to mental illnesses or emotional conditions are granted the benefits.
According to statistics, about a quarter of the applicants for SSDI benefits list mental disorders or illnesses as the primary impairment. The causes can be anything from depression and anxiety disorders to dementia, schizophrenia, autism, etc.
At times the claims can be difficult to win, which is why it is best to hire an SSDI attorney who would give you a better idea about the things the Social Security Administration reviews before granting the claims. SSDI lawyers can help you out with everything you need for the claim to be passed and make things easier.
How the SSA evaluates Mental Illness Claims:
The SSA reviews the medical records to see whether your illness meets the criteria of any of the diseases in the Listing of Impairments. There is an entirely different section devoted to Mental Disorders as described by the SSA.
Mental Disorders Listing:
Take a look at some of the conditions listed under Mental Disorders:
- Mood disorders like bipolar disorder or depression.
- Neurocognitive disorders like dementia, Alzheimer’s, or substance-induced cognitive disorders.
- Post-traumatic stress disorder, and trauma-related disorders.
- Anxiety-related disorders like obsessive-compulsive disorder.
- Eating disorders.
- Impulse control or personality disorders
- Pervasive development disorders and autistic disorders.
- Intellectual disorder (low IQ)
- Specific learning disability, ADHD, and other neurodevelopmental disorders.
- Schizophrenia
- Somatic symptom disorders where there is physical pain without a known physiological cause.
What if your condition doesn’t match a listing?
If somehow your condition doesn’t meet the listing requirements, the SSA will look at your symptoms and determine your MRFC or ‘Mental Residual Functional Capacity’. The MRFC is a measure of the maximum you can do despite the mental or emotional conditions you have. If the SSA finds that you do not have the required MRFC to work full-time, regularly, you will be approved for the Social Security Disability Benefits. If not, then your claim will be denied.
The SSA will take a look at your medical records and opinions submitted by your psychologist or psychiatrist. You should get yourself an MRFC prepared by a specialist. The support of a licensed psychiatrist or psychologist is very important to win such cases.
Social Security looks at the extent of limitations in the following areas:
- Ability to understand and remember information.
- Ability to get along with others.
- Ability to control your behavior and follow directions.
- Ability to concentrate and get work and tasks done in an appropriate amount of time.
- Ability to tolerate stress.
- Activities of daily living and ability to adapt to changes.
The more severe the limitations the better are your chances of getting the SSDI benefits. Hiring an SSDI attorney helps a lot with the process as they make sure that you have everything that is needed to build a strong case.
Whether you are working:
The SSA looks at whether you are working and if so, how much. The SSA can grant you SSDI benefits if you fail to work at or over the substantial gainful activity or SGA, which is defined as about $1300 per month from working. If you are earning more than this amount the Social Security will deny your claim even without looking at your medical records.
Medical Records:
Make sure to provide all the relevant medical records like records from doctors, hospitals, and emergency rooms, and even pharmacy records. Do not include any irrelevant records from providers who haven’t treated you.
Subjective Evidence:
Subjective evidence is a very crucial part of mental illness. It is based on the experiences of the person suffering from a certain condition. It tells the SSA about the problems you face in your day to day life. It is best, to be honest about this as it can greatly increase the chances of you receiving the SSDI benefits. Testimonies from people close to you who have seen you suffer can also be very helpful. With the help of a good SSDI attorney, you will be able to put up a good case with everything that’s required.
Credibility:
Credibility is a huge factor when it comes to SSDI benefits. Make sure that there are no discrepancies or inconsistencies in the records you have provided.
A note on Alcohol and Drug Abuse:
Many people suffering from mental conditions have drug and alcohol problems as well. You can still get the benefits as long as your mental conditions hold even when you are sober. If the case is opposite and it is observed that leaving drugs and alcohol can make your condition better, then your claim will be certainly denied.
To put together a strong case with all the requisites, make sure to hire an SSDI lawyer.
Legal Rights Advocates, PLLC have helped several people over the years to claim disability benefits if the case is genuine.
Do not hesitate to get in touch if you are looking to get SSDI benefits.