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

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

Here's why it makes sense to hire a disability lawyer or law firm for your disability claim for mental illness. Hiring experienced legal professionals can greatly increase your chances for approval, especially for claims based on mental illness and other mental disabilities.

Should I get a lawyer before I file a disability claim?

However, this can only happen if the person has gone through the process of applying, being denied, appealing, and eventually winning the disability case. So, should a person get a disability lawyer or non-attorney representative before they file a claim for disability, or before they have received an answer if they have already filed?

How can a disability lawyer Help you Win Your Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

Can a disability attorney speak to you by phone?

Most disability attorneys speak with their clients by phone, but you can ask your attorney to meet you in person if you wish. Before your pre-hearing meeting or phone conference, your attorney will have reviewed your file and determined what issues still need to be addressed.

How hard is it to get SSDI 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.

Can mental illness be used for disability?

Is Mental Illness a Disability? A Mental illness can is considered a disability by the Social Security Administration (SSA), and if you have a mental illness you may be able to qualify for Social Security disability benefits.

What mental illness causes disability?

Washington, D.C. 2 October 2019 (PAHO) -- Mental health problems are the single largest cause of disabilities in the world. Some of the major disabilities are depression, anxiety, dementia, and alcohol abuse. Together, an estimated 20 percent of lost healthy days are due to mental issues.

Can you collect disability for depression and anxiety?

The good news is that those with either depression and anxiety can qualify for SSDI benefits. The Social Security Administration has a process for evaluating your right to collect Social Security disability benefits based on claims of a mental health problem.

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

What conditions automatically qualify you for SSDI?

What Conditions Automatically Qualify You For Social Security Disability?Cancers (advanced stages)Cardiovascular system disorders (chronic heart failure)Neurological disorders (ALS, multiple sclerosis)Early-onset Alzheimer's disease.Musculoskeletal system (spinal disorders)Organ transplantation.Parkinson's.More items...

How do you prove mental disability?

To prove your mental disability, you will need to have medical documentations, records and notes from any physicians you are seeing to show that your mental disability makes it impossible for you to work full time. The more medical evidence you have, the easier it is to prove your mental disability.

Is depression covered under 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.

What is the #1 cause of disability?

Musculoskeletal disorders are the #1 cause of disabilities. Examples include; arthritis, back pain, spine/joint disorders, fibromytis, etc.

How hard is it to get disability for depression?

Like other conditions with symptoms that are based on emotional distress, a disability based on depression can be difficult to prove to the Social Security Administration because the symptoms are often difficult to measure. Additionally, just being diagnosed with depression is not enough to qualify for benefits.

Can I get disability for bipolar?

Any individual with Bipolar Disorder can be eligible for disability benefits if he/she meets the evaluation criteria listed in the Social Security Administration's Blue Book, and if he/she has received a medical vocational disability endorsement based on the person's residual functional ability, education and age.

Is depression and anxiety considered a mental illness?

According to the Centers for Disease Control (CDC), mental illness refers to “conditions that affect a person's thinking, feeling, mood, or behavior.” These can include but aren't limited to depression, anxiety, bipolar disorder, or schizophrenia.

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

What is the key to obtaining individual or group disability benefits?

The key to obtaining individual or group disability benefits is linking your mental health condition to a physical condition such as a traumatic brain injury, brain infection, or cancer, that your policy does cover.

What are the most common mental illnesses?

The most common mental illnesses are anxiety disorders such as post-traumatic stress disorder (PTSD), obsessive-compulsive disorder and irrational fears. 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 ...

How long can you claim mental health insurance?

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 ...

How to contact Erisa?

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

What are the symptoms of self-reported depression?

Confusion. Inability to concentrate. Excessive fear, worry, or guilt. Increased anger. Suicidal thoughts. Significant changes in eating habits. The majority of these symptoms are “self-reported.”.

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.

Can a writer with manic depressive disorder take a break?

For example, an individual or group long-term disability insurance company may determine that a writer with manic-depressive or bipolar disorder can take a break during a difficult emotional episode. His mental health disability, therefore, may not prevent him from performing the important duties of his occupation—at least in the eyes of his individual or group long-term disability insurance provider.

How Will My Attorney or Advocate Develop My Medical Evidence?

Your attorney or nonattorney advocate will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time before your hearing.

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

How to prove you are not sedentary?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.

How to win a disability claim?

First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

What does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

What are the most common mental illnesses?

Anxiety and nervous disorders form the most common mental illnesses, including: Furthermore, mental health conditions like OCD and PTSD can manifest with physical symptoms that develop into diagnosable physical disabilities. These commonly include: Irritable bowel syndrome (IBS) – A disorder of the large intestine.

How to contact Erisa lawyers?

Contact us at (800) 458-4577 or online without delay!

What are the physical disabilities that can manifest with OCD?

Social anxiety disorder. Panic disorders. Furthermore, mental health conditions like OCD and PTSD can manifest with physical symptoms that develop into diagnosable physical disabilities. These commonly include: Irritable bowel syndrome (IBS) – A disorder of the large intestine.

How long can you be on disability for mental health?

Many individual and group long-term disability insurers severely limit mental health benefits to 12, 18, or 24 months. People with mental health disorders often suffer from disabling chronic health conditions as a result of their underlying disorder.

What is mental illness?

Overview of Mental Health and Anxiety Disorders in the United States. Mental illness can constitute temporary conditions such as depression brought on by the loss of a loved one, or more serious, long-term disorders without situational causes.

How long can you be on mental health insurance?

This limitation means you may only get to claim a cumulative 12, 18, or 24 months of individual or group benefits for these self-reported conditions even if you’re disabled for longer than your individual or group insurance policy will cover.

How much does mental illness cost?

Mental illnesses cost patients almost $200 billion in lost earnings per year. Take advantage of your individual or group long-term disability benefits to protect your income and get the appropriate treatment you need.

Why is my mental health disability denied?

Besides paper errors and missing information, one of the top reasons why mental disorder disability claims get denied is through pre-existing condition clauses in policies. If your long-term disability claim has been denied for any reason, it's imperative to contact an ERISA attorne y. Your attorney can advise you of your rights and help you get started on the appeals process. The sooner you begin the appeals process, the sooner you'll be able to receive the benefits you deserve.

Why is it important to work with your doctor on a disability claim?

Cooperation from your doctors is vital to the success of your claim. It's also important for your treating doctor to understand how to file the paperwork correctly, meet critical deadlines, and how to deal with insurance companies in long-term disability claims .

What Types of Mental Disorders are Covered Under Long-Term Disability?

Many people struggling with mental health disabilities often have trouble maintaining a job or may even have difficulty with daily tasks. Although depression is one of the most common mental conditions covered under long-term disability, the following are also typically covered:

Why is it important to have a mental health professional on your medical record?

Cooperation from your doctors is vital to the success of your claim. It's also important for your treating doctor to understand how to file the paperwork correctly , meet critical deadlines , and how to deal with insurance companies in long-term disability claims .

What are the most common mental health conditions covered by long term disability?

Many people struggling with mental health disabilities often have trouble maintaining a job or may even have difficulty with daily tasks. Although depression is one of the most common mental conditions covered under long-term disability, the following are also typically covered: Autism. Mental retardation. Personality disorders.

What is long term disability?

In some cases, an individual may struggle with doing day-to-day tasks or holding down a job. Fortunately, long-term disability covers mental disorders, but the process can be complicated ...

How to contact Dabdoub Law Firm?

Whether you need help with a new claim or an appeal, contact Dabdoub Law Firm today at (800) 969-0488 to schedule a free consultation to learn more about receiving the benefits you deserve.

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 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 happens after the SSA confirms eligibility?

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 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 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 basic eligibility for SSA?

This basic eligibility includes having: A formal diagnosis of a potentially disabling condition. A diagnosed condition that will disable you for 12 months of longer.

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 Blue Book for Social Security?

The Social Security Administration uses a guidebook called the Blue Book to determine which types of mental impairments qualify for social security benefits. There are many different types of mental impairments that are eligible for benefits. However, the applicant must prove that their mental impairment prevents them from gainful work regularly. If your mental impairment isn’t listed in the Blue Book, you can still qualify for benefits as long as you show that your impairment is as severe as other mental disorders listed in the Blue Book. Your mental disorder must meet several requirements, including the following:

Is it harder to claim mental impairment on Social Security?

Social Security claims examiners have been tougher when evaluating mental impairment claims. There is a perception that it’s easier for applicants to falsely claim that they have a mental impairment than a physical impairment. For that reason, submitting a claim for social security benefits based on a mental impairment can be more difficult. At Disability Advocates Group, we believe our clients when they tell us that their mental impairments make everyday tasks, including going to work, extremely challenging or impossible.

How long does it take to file a disability claim?

It can be filed within 60 days of the denial on the disability application, though, for the sake of common sense, it should be filed immediately after the first denial is received so that time can be saved. Reconsiderations are nearly always denied.

What can a disability lawyer do for you?

Having a disability lawyer or disability representative will do the following for you: 1. You probably won't miss deadlines, such as for filing an appeal or going to a consultative medical exam. This is because your representative will know about your appointments and remind you. 2.

What happens if a disability case goes to a hearing?

If your case goes to a hearing, it will be prepared properly and argued before the administrative law judge with appropriate knowledge of disability rules and regulations. An example of procrastination and how getting a lawyer would have saved time.

What is the purpose of a disability representative?

In addition to this, the purpose of a disability representative is to present a theory of the case to the judge and an argument for approval in light of the relevant facts and the medical vocational rules and social security guidelines that apply to the case ; the attorney or non-attorney representative will also respond to any testimony and hypothetical scenarios addressed by expert medical and vocational witnesses that the judge may choose to have appear at the hearing.

How long does it take to get medicare?

It is also quite possible that they would also now be receiving medicare benefits. There is technically a two-year wait for medicare following the first month of eligibility for disability benefits, but, due to the nature of how the system actually plays out, many claimants are eligible for medicare from the time that they receive their first disability check. However, this can only happen if the person has gone through the process of applying, being denied, appealing, and eventually winning the disability case.

How long does it take to get a disability?

1. Apply for disability - On average, a disability application filed with the social security administration will take 3-4 months for a decision. 2. File a reconsideration appeal - This is the first appeal in the social security system.

Why is the Social Security system receiving more claims than ever before?

This is because the social security system is now receiving more claims than ever before (the U.S. population is growing, getting older, and the social security administration, with its budget constraints, is not able to keep its workforce at a level that would allow for fast processing of claims). 4.

“Self-Reported” Mental Health Conditions

• 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. anxi…

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