Mental Illness and Social Security Disability
Both physical and mental medical disorders qualify for Social Security disability benefits. However, it could be more challenging to qualify for benefits if you have a mental illness. Why? The nature of mental illness alone holds some of the answers. It can be challenging to assess the severity of a disorder objectively and to identify the signs of mental illness.
A quarter of people who apply for Social Security benefits list mental health disorders or illnesses as their main medical issues that prevent them from working. For most people, Mental Illness and Social Security Disability are complicated matters to tackle.
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What Social Security Thinks of Mental Illness-Related Disability Claims?
The Social Security Administration’s (SSA) disability claims examiners aren’t psychiatrists, thus they frequently lack a thorough understanding of the limitations imposed by specific mental illnesses.
For example, some disability examiners may mistakenly believe you are cured if you aren’t overtly exhibiting symptoms of mental illnesses like bipolar disorder (manic depression), as they are cyclical in nature. But in truth, it’s possible that such symptoms have only temporarily subsided and may soon reappear.
Additionally, some disability examiners could have a bias against mental illness-related disability claims. It is concerning because there are so many people suffering from mental diseases in the country, but it is also because most mental illnesses are evaluated using subjective criteria.
What Mental Conditions Make Someone Eligible For Social Security Disability?
The Blue Book, the manual used by Social Security to assess disability claims, specifies 11 different categories of what it refers to as “mental disorders” as qualifying medical conditions for people to receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).
It is important to remember that not all of them are commonly regarded as mental illnesses. Autism, developmental and intellectual disabilities, and diminished mental function brought on by a medical condition like dementia are all listed in the Blue Book.
Categories of Mental Disorders
The Blue Book divides mental disorders into seven categories, seven of which group conditions more closely related to mental illness:
Schizophrenia and other psychotic disorders that are characterized by hallucinations, delusions, or extremely disorganized or catatonic behavior.
- Depressive and bipolar disorders are characterized by irritability, mood swings, or a lack of interest in or pleasure from the majority of activities.
- Obsessive-compulsive disorders and anxiety are characterized by excessive worry, apprehension, and fear, or by avoiding certain feelings, thoughts, activities, items, or people.
- Somatic symptom and related disorders are defined by physical symptoms that are not being feigned on purpose, unable to be explained by a recognized medical condition or other physical cause.
- Personality and impulse-control disorders usually appear in adolescence or early adulthood and are characterized by symptoms like paranoia, social detachment, hypersensitive to criticism, perfectionism, or explosive anger.
- Eating disorders like anorexia and bulimia
- Conditions such as Post-Traumatic Stress Disorder (PTSD) and others brought on by having gone through or seen a traumatic or extremely distressing event.
The listings for cognitive and mental disorders provide information on the standards Social Security uses to determine whether your condition satisfies its definition of disability, which is an impairment that hinders you from continuing to work for at least 12 months or is likely to cause death. This is similar to the multiple categories of physical illnesses and injuries covered in the Blue Book.
This evaluation for mental disorders may involve looking over your medical history. Based on this information, Social Security evaluates how your issue affects your capacity to understand, remember, and apply information, interact with others, focus on and complete tasks at a consistent pace, and regulate your emotions and behavior, among other mental functions important in the workplace. Your limitation must be classified as “extreme” in at least one of the areas or as “marked” in at least two for your disability claim to be approved.
What Are Mental RFCs?
If you have been diagnosed with a chronic mental illness that keeps you from working, but your condition isn’t as bad as what the blue book listing for your illness requires, you may still be qualified for disability.
Your eligibility for a “medical-vocational allowance” will depend on your mental limitations, age, educational levels, and job skills. If your mental RFC (residual functional capacity) reveals you have intellectual, social, or functional limitations that influence your productivity or your ability to maintain full-time work, you may be eligible for one.
How Can I Get a Mental Health Disability?
In order to determine if you are financially eligible for the type of benefit you are requesting when you apply for SSDI or SSI, the claims examiner at the state Disability Determination Services office must first evaluate your file. The examiner will ask for medical records from the providers you identified in your application if you’ve worked long enough to be eligible for SSDI or have assets that are below the threshold limit for SSI.
What Medical Records Must Be Examined by Social Security to Prove Mental Illness?
Your disability claim is supported by your medical records. If you have been receiving consistent therapy for your mental health problems, Social Security will want to know. Most of the following, if not all of the following, should be in your records:
- progress notes from your therapist, counselor, psychiatrist, or psychologist that include their assessments on how you behave and feel throughout the appointment (like whether you’re withdrawn, upset, or inconsolable)
- evaluations of your mental state that record any irregularities in your thinking (like forgetfulness or distractibility)
- a list of the medications you take for your mental health, together with a description of any side effects,
- records of admission and release from any inpatient hospital stays.
The SSA could send you to a consultation examination on the agency’s cost if you have problems getting regular mental health therapy since you do not have health insurance or can’t find any inexpensive treatment options. A psychologist or psychiatrist will ask you about your daily activities and medical history during a consultation. The doctor will inform Social Security of his or her assessment of the severity of your mental health issues following the examination.
Meeting a Mental Illness Listing to Obtain SSDI or SSI Disability Benefits
Claimants who can demonstrate in their medical records that they are experiencing exceptionally severe mental illness symptoms may be eligible for disability benefits without also having to demonstrate that they are unable to work in any capacity. This is referred to as “meeting a listed impairment” in Social Security terminology.
Provided that certain requirements are satisfied, listed impairments are conditions that SSA has already found to be debilitating. In the “Blue Book” list of disabling impairments provided by Social Security, mental diseases have their own section (Section 12.00).
It can be challenging to demonstrate that you satisfy the challenging listing requirements. Ask your regular therapist, psychologist, or psychiatrist to check your eligibility for disability benefits if a mental disorder is included.
Obtaining Disability Benefits by Proving Your Inability to Work Due to Mental Health
The majority of people who file for disability do not have medical records that satisfy the strict criteria for mental disorder diagnoses. However, if you can prove that your RFC disqualifies you from performing any tasks, Social Security may still grant you disability benefits.
The SSA will examine your medical records if you have a mental illness to figure out the extent of any restrictions you may have in the following areas:
- understanding and retaining information
- obeying directions and controlling your behavior
- getting along with other people
- enduring stress
- focusing on completing tasks as soon as possible
- accommodating changes, and
- looking after yourself
It is more likely that no works will exist for you to do with your RFC the more limitations your mental condition imposes or the more severe your limitations are. For instance, it is unlikely that any employer would employ you for even a simple, low-stress job if your depression affects with your focus to the point where you are leaving basic work duties undone.
Get Legal Help Today!
Many residents of South Portland, Maine, and their families are affected by mental illness. Numerous mental disorders are covered by Social Security Disability Insurance, however the majority of initial claims are turned down.
When applying for social security disability benefits, you should consider about speaking with our Social Security Disability attorney. If you have been refused benefits and want to appeal your claim, our knowledgeable Maine Social Security Disability attorney can help.
Jackson & MacNichol is aware that starting a claim while receiving treatment for a mental disorder can be challenging. Our social security disability lawyers can help you with the application and appeals processes since they have the experience and knowledge necessary.
Call our Maine law office to arrange a free consultation, or go to our homepage for more details on Mental Illness and Social Security Disability.
