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  Disability Group 2:06 pm on March 7, 2011 Permalink | Reply  

  How to Prove Mental Illness in a Disability Case 

  How to Prove Mental Illness in a Social Security Application

  By:  Disability Group (http://www.socialsecuritylaw.com)

  There is no question that people who suffer from mental illnesses have difficulty finding and maintaining employment.  Many mental illnesses such as clinic depression or bi-polar disorder can have a major effect on one’s ability to interact with others, follow directions and stay on task.  These qualities are necessary for most individuals to find employment and avoid getting fired.

  Although all doctors acknowledge the existence of mental disorders, not all of them are disabling.  When a person claims that they are disabled due to a mental condition, there are many complex processes that the Social Security Administration will go through in order to determine whether or not your mental condition is truly “disabling.”  The following questions address some of the things that Social Security will consider when evaluating a mental illness claim: (for even more information, see: Do I Qualify)

  Can the mental condition be successfully treated using medication or therapy?

  If someone alleges that they have a mental disability but have never been treated for it, then there is very little chance that they will receive disability benefits.

  If you are being treated for a mental illness, the next question is, can the illness be treated? Many doctors are weary about the effects of certain medications and my try to use therapy as a means for treatment first.  If this is unsuccessful, then your doctor may refer you to a psychiatrist.

  There are numerous medications that psychiatrists can try before determining that your mental illness is not treatable.  Just because one medication does not work does not necessarily mean that another will not.  Everyone responds to medications differently and doctors generally have no other way to determine which one is best for you other than by trial and error.

  Do drugs and alcohol affect a mental disability?

  Prolonged drug and alcohol abuse can cause a person to have similar symptoms as someone with a mental illness.  For that reason, a person using drugs and/or alcohol may have a difficult time winning their disability claim.

  One of the steps to proving a person’s disability involves determining the severity of the person’s impairments.  This step can be difficult if there is any evidence of drug/alcohol abuse in the individual’s medical records.  If you have a history of substance abuse and you currently have a claim for disability, it is important that you:  1) abstain for such activities and 2) make sure that your medical records state that your substance abuse is “in remission”.

  How severe must a mental disability be in order to be considered disabling?

  It depends on the specific mental disorder that you have but in general there are four areas that a judge will consider in determining how severe your impairments are:

  1)      Activities of daily living refers to your ability to perform certain tasks such as cooking, cleaning, shopping, using public transportation, grooming, paying bills, using telephones etc.

  2)       Social Functioning refers to your ability to interact with other people, such as family, friends, and neighbors, and your ability to make friends, participate in groups, and cooperate with others.

  3)      Concentration, persistence or pace refers to the ability to stay focused and complete tasks in an appropriate amount of time.

  4)      Episodes of decompensation are a little more complicated but it basically refers to any extended period of time where someone experienced increased signs of difficulty with the previous three areas.

  Some tips to help your case:

  1)      Continue seeing your doctor and make sure to explain fully how your condition affects you

  2)      Completely avoid using drugs or alcohol

  3)      Make sure that you are being compliant with treatment (i.e. follow doctor’s orders)

  4)      Give social security the same information that you give your doctors

  For a free case evaluation, click here or call (800) 248-1100.

  Copyright secured by Digiprove © 2011

  

  Phyllis White is discussing. Toggle Comments

   
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    Phyllis White 9:05 am on June 27, 2011 Permalink | Reply

    I need assistance for my son, Ronneal White who is scheduled for his first social security appointment for disability due to mental illness on Friday, July 1, 2011. Ronneal has been diagnosed with schizohrenia about 3-4 years ago and since that time has been on the go between Georgia and Indiana. He was committed to 8-months in Richmond, Indiana last year and now back in Georgia. He just recently got out of a jail where the physician at the jail was prescribing him Risperdal. I just need to see if his case qualifies for your program for an individual who does not have any money but needs a lawyer to help with his social security case. Any assistance will be greatly appreciated. I may be reached at 404-583-6860.

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  Disability Group 10:00 am on January 27, 2011 Permalink | Reply  

  Why Aren’t I Receiving SSI Benefits? 

  Even if you have a qualifying disability, you might not be receiving benefits.  Here are the top reasons why applicants may not receive benefits in spite of their eligibility – and ways to avoid making the same mistakes!

  
  

  The Social Security Administration needs permission to review your financial records – make sure you give it to them!!!

  Because SSI is a need-based program, SSA must be able to determine your eligibility by reviewing your financial information.  Upon application, you must give SSA permission to review records from banks, credit cards, loan companies, trust companies, savings associations, and any other source that would reveal your current financial status.  This may include giving SSA access to financial information belonging to others, i.e. your spouse or others living in your household.

  
  

  
  

  You must be in the United States to receive benefits –  if you leave, make sure to come back!!

  You lose your eligibility for SSI benefits for any month during which you are outside of the United States for the entire month.  If you are outside of the United States for 30 or more days, you are not considered to be back in the United States until you are back for 30 days. You may be eligible for SSI benefits in the month in which the 30 days end if you continue to meet all other eligibility requirements (CFR 416.215).

  
  

  
  

  Apply for all the benefits to which you are entitled!!

  If you do not apply for certain other benefits which you are entitled, you may be denied SSI benefits or have your payments suspended.  These other benefits include annuities, pensions, retirement benefits, or disability benefits.  Specifically, you must apply for veterans’ compensation and pensions, workers’ compensation payments, Social Security insurance benefits, and unemployment insurance benefits (CFR 416.210).

  
  

  
  

  Drug and/or alcohol abuse CANNOT contribute to your disability!!

  Drug addiction and alcoholism are major impediments to your initial award of benefits.  Most judges are very careful to evaluate whether the severity of your disability is a result of your addiction.  If you receive SSI benefits and the judge finds that drug addiction or alcoholism is a contributing factor material to the determination of your disability (CFR 416.935), you must seek appropriate treatment for your addiction.  You will lose eligibility for SSI benefits if SSA determines that you have failed to comply with the treatment requirements. If your benefits are suspended because you failed to comply with treatment requirements, you will not be eligible to receive benefits until you have demonstrated compliance with treatment for a period of time.

  
  

  The Social Security process is complex and has many rules.  Applicants should seek legal advice from a social security attorney before they proceed with an application.

  
   
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  Disability Group 10:00 am on January 24, 2011 Permalink | Reply  

  Social Security Myths EXPOSED!! Disability Group Inc Reveals The Truth About the Social Security Claims Process 

  Applying for Social Security disability benefits can be intimidating and time-consuming. Understanding how the system works can be the difference between winning or not winning your disability benefits.  Disability Group reveals common Social Security disability myths and misconceptions.

  
  

  Myth: The Social Security Administration denies everyone the first time they apply for disability.

  This is absolutely not true!  It is easy to see why people would believe this when over 70% of all first applications filed are denied.   A claim requires a lot of paperwork, and claimants are often denied when they do not provided documents that the SSA disability reviewer has requested.  A disability lawyer can be help you to prevent an unnecessary denial by staying on top of all requests from the SSA.

  
  

  Myth: The Social Security Administration will deny you a certain number of times before you are approved.

  Also not true!  Many people simply file applications over and over again, hoping to be approved.  If you continue to file and get denied at the first stage, you are denying yourself the right to an appeal and even more importantly, you are setting yourself at the back of the line again!

  Make sure that you follow the appeals process up to the highest level in a timely manner, meeting all deadlines.

  
  

  Myth: The best way to appeal a Social Security claim denial is to file a brand new application.

  No!  This is often the worst thing you can do because most initial applications are denied.  A new application will most likely be denied for the same reason as the last.  Historically, and statistically most claimants are awarded only after being heard by an administrative law judge.  A claim will never get that far in the process if you just file a new application.  Follow the appeals process and find representation.

  
  

  Myth: Certain medical conditions or mental health problems can get you automatically approved for benefits.

  No . . . . and yes.  Certain impairments are singled out.  If you meet an SSA listing it is easier to get approved, but not automatic.  All claims are evaluated according to medical evidence. See the list of the categories of impairments that meet the SSA listing here: http://www.socialsecuritylaw.com/qualify/

  Make sure to get regular medical treatment during your claim documents your condition for a better chance of obtaining benefits.  If you have irregular doctor visits and little medical evidence, your chances for approval of disability benefits is greatly reduced.

  
  

  Myth: You cannot get Social Security Disability if you have used drugs or alcohol.

  Not true. Every case is different but you have a better chance of obtaining benefits if you have maintained at least six month of sobriety.  How often and how recent you used is most important.  Simply put, Social Security will not pay benefits to someone who caused their condition or made it worse by drug or alcohol use.  If quitting would improve your condition, it is relevant and you will not win.

  If you have a history of abuse but are not currently using substances you should carefully review your medical records before filing for disability.  Doctors and mental health professionals will often indicate “suspected use” in their treatment notes.  Such indications can have a damaging effect on a disability case.

  While there are many myths about the Social Security claim process that are untrue, the process does include a fair amount of rules, regulations, and paperwork that a social security attorney is better suited to deal with.