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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.

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  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 5:00 am on February 18, 2011 Permalink | Reply  

  Working After the Social Security Disability Benefits Award

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

  Have you received Social Security Disability Benefits? There’s a common misconception is that any work done after receiving an award for Social Security disability benefits will terminate those benefits.  In fact, however, a person receiving benefits may work and still receive many benefits.

  Trial Work Period

  The SSA does not consider work by claimants to mean that disability has ended until it exceeds the “trial work period.”  The “trial work period” is a 60-month period during which the claimant worked for at least 9 months.  These months – called “trial work months” – can be spread out over the 60 month period, and count if the claimant earned at least a certain amount.

  If self-employed, a “trial work month” is any month where the claimant either earned the amount stated above, or worked more than 80 hours in their own business.  The SSA’s website has a handy table to determine whether monthly earnings in a given year are enough to count as a “trial work month”.

  Benefits Past the Trial Work Period

  Working claimants who exceed the “trial work period” can still receive SSDI benefits in those months where their earnings are not “substantial” (another handy table at the SSA’s website can show you how much the “substantial” monthly earning rate is for a given year).  Claimants will not receive benefits for any month where their earnings exceed the “substantial” amount.

  Any work expenses that result from disability, however, can deduct from earnings enough to grant claimants benefits despite “substantial” earnings.  These expenses include prescription drugs, wheelchairs, and any specialized work equipment needed to perform a job.

  Even after SSDI benefits have stopped because of earnings, claimants have certain options.  They have five years in which they can ask SSA to reinstate disability benefits because a condition has again become disabling.  In this case, no new disability application is required.

  SSI Benefits

  SSI eligibility is based on financial need.  SSI benefits can decrease or stop when a beneficiary’s income increases.  Likewise, if income drops within the eligibility cap, SSI payments will automatically start again.

  If a disabled SSI recipient works, they may continue to receive payments until their combined income exceeds the SSI income limits, which varies by state.  Like before, if a beneficiary becomes unable to work again due to disability within five years of SSDI benefits ending, they may ask SSA to reinstate their benefits.

  Medicare and Medicaid

  Medicare Part A coverage will continue for at least 93 months after SSDI benefits have stopped due to earnings, as long as claimants are still disabled.  After this period has expired, claimants can buy Medicare Part A coverage by paying a monthly premium.

  Medicaid coverage generally continues even after SSI benefits stop.  Coverage may stop, however, if income reaches a certain level, varying by state and reflecting the cost of local health care.  Contact your local Medicaid office to determine your local income levels and other restrictions.

  The SSA wants claimants to work if possible, and employment should not be viewed as immediately terminating all benefits.  Speak to your attorney or the SSA office to see how it might affect you.

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  jeanna salas aquino, and Philly are discussing. Toggle Comments

   
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    Philly 11:03 pm on May 11, 2011 Permalink | Reply

    Thakns for sharing. Always good to find a real expert.

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    jeanna salas aquino 9:31 am on May 23, 2011 Permalink | Reply

    i was diagnose with ovarian cancer and gowing on chemo .
    im 63 yrs old reciving social security.but with my condition i don;t want to go back to work.
    im medical leave at work .

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  Disability Group 5:00 am on February 17, 2011 Permalink | Reply  

  Social Security Disability: Determining Insured Status

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

  Applying for Social Security Disability Benefits? Some of the most confusing factors in determining your eligibility for Social Security disability benefits are your “credits” and your “insured” status.  They can be simple to figure out, however, with a bit of patience.

  Credits and Earnings

  Quarters of credit – also called “credits” – are obtained when you earn more than a certain amount in a year, varying by each year (the Social Security Administration’s website provides a handy table to see what the cutoff is for a given year).  You can earn a maximum of 4 credits in any year: for example, the earnings required for 1 credit in 2007 was $1,000, so anything more than $4,000 would only result in 4 credits.

  The number of credits you need to be eligible for disability benefits will depend on your age when you became disabled:

  • Before age 24 – You will need to earn at least 6 credits in the 3 years immediately before when your disability started.
    • Example: You become disabled at age 22. You earned 1 credit at age 19, 2 credits at age 20, and 3 credits at age 21. You have 6 credits, and may qualify for disability benefits.
  • Age 24 to 31 – You will need credits for working half the time between age 21 and when your disability started.
    • Example: You become disabled at age 27. That is 6 years between age 21 and when your disability started.  You will need credits for working half of that time, or 3 years.  SSA holds that a year of work equals 4 credits, so you will need 4 x 3 or 12 credits to qualify for disability benefits.
  • Age 31 or older – You will need at least 20 credits, increasing with age until the maximum of 40 (the SSA website provides another handy table to determine how many credits you need based on your age).

  Insured Status

  To be considered “disability insured” by SSA, you must meet two separate requirements:

  • You must earn 1 credit for each year between age 21 and when you became disabled (sometimes called “fully insured”)
    • Example: You are 45 when you become disabled.  That is 24 years between age 21 and when your disability started.  You will need at least 24 credits to be considered “fully insured.”
  • You must earn at least 20 credits in the 10-year period before you became disabled (sometimes called “currently insured”)
    • Example: You are 45 when you become disabled.  You were employed since age 38, resulting in 28 credits (7 years x 4 credits).  You earned more than 20 credits in the 10-year period before you became disabled, and would be considered “currently insured.”

  There are separate rules for claimants with previous disabilities, claimants who are under 31, and claimants who are statutorily blind (speak with an attorney or with SSA for these specific rules).

  Credits and insured status are bars that many people would not even think about when they become disabled, but they are no less important than the medical evidence and hearing process that come later.  Knowing where you stand now can save you time and frustration later, and speaking to an attorney can be the easiest way to determine if you are eligible.

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