will a disability attorney help you file disability applications when you have mental problems

by Rhea Murazik 8 min read

Consult a disability lawyer that manages mental illness claims. A lawyer can help you gather the supportive evidence you need, obtain testimonies from mental health experts, help justify your disability to the SSA, and be on the ready to appeal your claim if it is denied.

Full Answer

Why hire a lawyer for a disability claim for mental illness?

While some may argue the necessity of representation on a disability claim at various points in the process, some individuals will clearly need an attorney for disability if they have a mental condition that either A. impairs their ability to comprehend the disability application process or B. impairs their ability to follow-through on applying for disability or appealing a disability denial.

Do I need a disability attorney to apply for disability benefits?

Disability listings outline the severity level requirements and the specific medical evidence needed to support a claim for benefits. Mental illnesses appear in Section 12.00 and include: 12.06, Anxiety-related Disorders – you may qualify under this listing if you have a severe phobia, post-traumatic stress, a panic disorder, or another ...

Can You appeal a disability claim for mental illness?

In essence, when you file for disability benefits based on a mental condition, the process is exactly the same as if you had filed for disability on the basis of a physical problem (though, in almost every case, a person will usually apply for benefits on the basis of several conditions, often a mix of physical and mental disabilities).

How do I consult a disability lawyer for free?

Dec 21, 2021 · Mental Illness and Social Security Disability. Disability applications for mental disorders, which include cognitive, emotional, psychological, and psychiatric problems, are often harder to prove than those based on physical conditions. But there are a number of ways to improve your chances of success. Get help with your claim now.

Is it hard to get disability for mental illness?

It is very hard to win a claim based on a mental condition without the support of a psychiatrist or licensed psychologist, and without a detailed report from the psychiatrist or psychologist about your mental limitations and how they limit you.

What mental illnesses are considered disabilities?

These include:Affective disorders.Anxiety Disorders.Autism and related disorders.Intellectual disabilities.Organic Mental Disorders.Personality disorders.Schizophrenia, paranoia, and psychotic disorders.Somatoform disorders.More items...

How can I prove my mental health disability?

You can prove your mental disability by meeting a Blue Book impairment listing. The Blue Book is the list of impairments that qualify for Social Security disability benefits. There are a number of mental disabilities that qualify for Social Security disability benefits.Oct 27, 2021

What do you say to a psychiatrist to get disability?

You must have clinical evidence that you actually suffer from the condition. You must also be seeking treatment for the condition and must be adhering to the prescribed treatment that has been provided to you by your psychiatrist or therapist.Jul 7, 2011

What happens if I can't work due to mental illness?

If you are unable to work because of a mental health condition or any other disability, there are some options for financial support. These include disability insurance and disability payments through Social Security. Disability insurance.Aug 28, 2018

What is the most debilitating mental illness?

Schizophrenia and personality disorders are the most disabling mental health conditions to live with, according to Queensland Brain Institute's Professor John McGrath.Mar 19, 2021

How hard is it to get SSDI for depression?

To qualify for disability benefits for depression, your condition must be severe enough to meet requirements the Social Security Administration (SSA) has set out in its impairment listing on depressive disorders (listing 12.04) OR it must interfere with your functioning to such an extent that the SSA agrees that there ...

How hard is it to get disability for depression and anxiety?

It can be difficult to bring a claim for disability benefits on the basis of anxiety or depression because the evidence used to support the diagnosis is based on subjective criteria. Objective measures, like an X-ray or a blood test, cannot tell your doctor what you are thinking or feeling in your day-to-day life.Aug 17, 2021

Does anxiety and depression count as a disability?

Does Depression Make You Eligible for Disability? Depression is considered a psychiatric disability under the Americans with Disabilities Act (ADA). It's a significant mood disorder that's known to interfere with daily activities, which may include your ability to work.

Can my psychiatrist take me out of work?

Psychiatrists are mental health specialists and have the ability to request leave just like any other physician. They have the right to put you in the hospital or have you take treatments on an out patient basis, as well as sign papers for disability and social security .

Why is disability sending me to a psychiatrist?

The goal of sending a claimant to a consultative examination is simply so that the examiner can obtain recent medical documentation which will allow them to make a decision and close the case.

How do you fail a mental evaluation?

There's No Pass or Fail Just as there's no cookie-cutter approach to psychological testing, there aren't right or wrong answers to any test questions. This means you can't pass or fail a test, which eliminates the need to study.Aug 7, 2018

How long can you claim disability?

This means you may only claim a cumulative 12, 18, or 24 months of individual or group long-term disability benefits for self-reported conditions.

What are the causes of disability?

Major depressive and mood disorders are also common causes of disability. Sadly, reports indicate that less than half of all American adults suffering from a mental health condition get the help they need. Mental illnesses are estimated to cost patients almost $200 billion in lost earnings per year. Don’t join their ranks.

What are the symptoms of mental illness?

There is, however, no objective “test” for many mental health disorders. Instead, they’re diagnosed based on your “self-reported” or manifested symptoms. These can include, but are not limited to: 1 Extreme mood changes 2 Withdrawal from social settings 3 Loss of motivation 4 Fatigue 5 Delusions, hallucinations, and paranoia 6 High stress 7 Inability to cope with people or situations 8 Sadness and depression 9 Confusion 10 Inability to concentrate 11 Excessive fear, worry, or guilt 12 Increased anger 13 Suicidal thoughts 14 Significant changes in eating habits

How to contact Erisa?

Contact us at (800) 458-4577 or online without delay! Reason #6.

Can you get long term disability for mental health?

Individual and group long-term disability insurance plans that limit mental health coverage may still offer benefits for organic mental health conditions and related illnesses. Physical issues with the brain such as infections or traumatic brain injuries often cause organic mental health disorders. This means that, but for the underlying illness, you would suffer from no mental health disorder.

What is borderline personality disorder?

Borderline personality disorder – Healthcare professionals characterize borderline personality disorder as a pattern of varying moods and behaviors. Patients may also suffer from a high or low self-image, and many people with borderline personality disorder also suffer from bipolar disorder.

How many people have mental health issues?

Reports indicate that 10 million adults suffer from serious mental illnesses that interfere with their ability to perform the important duties of their occupations. The most common mental illnesses are anxiety disorders such as post-traumatic stress disorder (PTSD), obsessive-compulsive disorder and irrational fears.

Who can help with mental illness?

This can include doctors, psychologists, psychiatrists, therapists, or anyone else who has helped you with your mental illness. A list of the medications you’ve been taking, whether or not they have improved your symptoms, and the negative side effects you experience from these medications.

What is a disabling condition?

A formal diagnosis of a potentially disabling condition. A diagnosed condition that will disable you for 12 months of longer. After the SSA confirms that you meet basic eligibility, they will then move on to review your medical condition in detail and verify that you meet all program requirements for SSDI and/or SSI.

What does disability cover?

Social Security disability benefits can cover everyday living expenses, medical bills, and other financial obligations. Benefits are paid monthly and can alleviate many of your financial worries, making it possible for you to get by without income from employment.

What is the difference between SSDI and SSI?

Social Security Disability Insurance (SSDI) Supplemental Security Income (SSI) SSDI is available to disabled adult workers who have paid Social Security taxes, while SSI is a need-based program only available to applicants that meet strict limitations on income and asset holdings.

What is the Blue Book for SSA?

During this review, they try to match your records to a disability listing in the “Blue Book.” The Blue Book is the SSA’s medical guide that is used to evaluate every disability application.

What are the conditions that qualify for Social Security benefits?

Mental and psychological disabilities are among the conditions that can qualify for benefits from the Social Security Administration (SSA). You may qualify with severe depression, bipolar disorder, an anxiety disorder, or another mental illness that prevents you from maintaining gainful employment.

What is section 12.00?

Mental illnesses appear in Section 12.00 and include: 12.06, Anxiety-related Disorders – you may qualify under this listing if you have a severe phobia, post-traumatic stress, a panic disorder, or another anxiety-related condition. 12.08, Personality Disorders – this is the listing under which you may qualify if you have severe, clinical depression.

What is the blue book of disability?

In attempting to evaluate a condition, a disability examiner will first refer to Social Security's official listing of impairments , often referred to as the blue book. The disability listings in the blue book contain medical conditions that Social Security recognizes as inherently disabling; in other words, Social Security accepts that anyone suffering from a listed condition would be unable to work (earning an amount equivalent to substantial gainful activity ). The disability examiner will determine if a disability applicant's symptoms meet the criteria of any specific mental condition listed in the blue book. Mental listings in the blue book of impairments include:

What is a mental RFC?

If your mental RFC (residual functional capacity) shows you have intellectual, social, or functional limitations that affect your productivity or your ability to sustain full-time work, you may be eligible for a medical-vocational allowance, depending on your mental limitations, age, education level, and job skills.

Can you collect disability for mental illness?

Disability applications for mental disorders, which include cognitive, emotional, psychological, and psychiatric problems, are often approved on appeal. You can collect disability for both physical and mental medical conditions, but it can be harder to collect disability for a mental illness than for a physical illness. Why?

How to get disability for mental illness?

When your mental illness is preventing you from working, getting approved for disability becomes top priority. Monthly disability benefits can help you and your family stay afloat. There are a few things you can do to increase the chances of winning your claim: 1 Stick to your treatments. 2 Keep a daily journal to log your symptoms and note how your condition is affecting your daily life. Share your journal with your psychologist/psychiatrist and lawyer. 3 Consult a disability lawyer that manages mental illness claims. A lawyer can help you gather the supportive evidence you need, obtain testimonies from mental health experts, help justify your disability to the SSA, and be on the ready to appeal your claim if it is denied.

Why are some claims denied?

Failure to provide supportive evidence. Many claims are denied because of incomplete, weak, or scarce supportive evidence. Mental health records, applicable objective tests such as IQ and memory impairment testing, and reports from your psychiatrist or other mental health care provider are the primary types of evidence you will have ...

What is cultural bias?

Cultural bias. Millions of Americans live with chronic mental illnesses that make daily life a challenge. Unfortunately, society often discredits the validity of mental illnesses. Many SSD claims examiners share this bias, often holding a belief that people filing for disability based on mental conditions are merely malingering or indolent.

How to find a disability attorney

There are thousands of attorneys and professional advocates across the U.S. with expertise in Social Security disability. Some advocates formerly worked for the SSA, as disability examiners or claims representatives.

How much does it cost?

Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.

Listings For Mental Illness and Mental Disabilities

  • Social Security's Listing of Impairmentsoutlines certain medical conditions that, if their requirements are fully met, will result in an automatic approval of benefits. These conditions are called listings. The Listing of Impairments includes numerous mental conditions such as: 1. anxiety disorders 2. organic brain disorders 3. personality disorders 4. affective disorders 5. sub…
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Common Disability Claims

  • There are numerous mental disabilities; however, depression and anxiety are the most prevalent on disability applications, so I'll discuss how an attorney can help win a claim for depression or anxiety. Although intellectual disorder is not as common, it is a good example of the complex requirements often needed to meet mental listings.
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Other Mental Conditions

  • As discussed above, there are a number of other mental conditions that may eligible for automatic approval. You can learn more about them by reading our articles on: 1. autism 2. bipolar 3. schizophrenia 4. dementia(such as Alzheimer's), and 5. substance addiction disorders. As explained above, legal professionals understand the complex requirements of these listings …
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Getting Legal Help

  • Even if your mental condition doesn't meet a listing, legal professionals are skilled at using other strategies to help you win. For example, if a person suffers from a physical disability in addition to anxiety and depression, the SSA must consider the combined effect of these impairmentson a person's ability to work. Legal professionals are skilled at how to use a person's multiple conditi…
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“Self-Reported” Mental Health Conditions

  • You might suffer from situational depression after losing a loved one, or severe anxiety after a car accident. These conditions may resolve with time and treatment. On the other hand, clinical depression, manic-depressive disorder, schizophrenia, and related mental health conditions are not generally temporary. Instead, they’re legitimate medical disorders requiring extensive treatm…
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Limitations on Individual Or Group Long-Term Mental Health Benefits

  • Remember, insurance is a business, for-profit individual and group long-term disability insurers may limit self-reported and mental health disability coverage to 12, 18, or 24 months total. This means you may only claim a cumulative 12, 18, or 24 months of individual or group long-term disability benefits for self-reported conditions. Such self-reported conditions include: 1. Fibromy…
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Common Disabling Mental Health Conditions

  • Your mental health condition must prevent you from performing the material and substantial duties of your occupation to successfully claim individual or group long-term disability benefits. The severity of your condition isn’t always the determining factor. For example, an individual or group long-term disability insurance company may determine that a writer with manic-depressiv…
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Medical Conditions Linked to Mental Health Disorders

  • Individual and group long-term disability insurance plans that limit mental health coverage may still offer benefits for organic mental health conditions and related illnesses. Physical issues with the brain such as infections or traumatic brain injuries often cause organic mental health disorders. This means that, but for the underlying illness, you would suffer from no mental healt…
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