Skip to main content

MENTAL IMPAIRMENTS AND SOCIAL SECURITY DISABILTY

Social Security must consider all of a claimant's impairments and their affect on the ability to perform work related activities.  This includes mental impairments.

According to SSR 85-15, all work requires certain mental demands, such as (on a sustained basis):  the ability to understand, remember and carry out simple instructions; to respond appropriately to co-workers, supervisors and usual work situations; and to deal with changes in a routine work setting.  A substantial loss of ability to meet any iof these basic work-related activities would severely limit the potential occupational base [and]...would justify a finding of disability.

Mental impairments or their symptoms and effects are not governed by the Medical-Vocational guidelines or "grid rules."  For example, if an individual is young, has a college education and several years of skilled work experience, (s)he will not ordinarily be found disabled due to physical impairments under a grid rule.  However, if it can be proven that this individual would be limited in performing one or more of the mental demands of work (described above), a finding of disability would be appropriate.

How does one prove such mental limitations?  The answer is, with good medical evidence.  At minimum, psychological impairments should be diagnosed and treated by a medical doctor, such as a family practice or primary care physician.  Ideally, such impairments should be diagnosed and treated by either a psychiatrist (MD) or a clinical psychologist (Phy.D. or Ph.D.).
 

Comments

Popular posts from this blog

COMPLETING THE FUNCTION REPORT FOR SOCIAL SECURITY

Social Security analyzes a new claimant's ability to perform certain activities.  This helps them to decide whether the claimant is disabled according to their rules.  They use a form called "Function Report - Form SSA-3373-BK" or one very much like it.  Be careful how you answer the questions on this form.  Strive to be accurate but also descriptive.  Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other?  ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare food or meals? 

JUDGE JUDY TIRADES ABOUT SOCIAL SECURITY

Judge Judy Sheindlin has added her two cents worth to the controversy about Social Security.  Judge Judy appeared on a Fox News program hosted by Megan Kelly and said she was tired of people getting Social Security disability because they were "alcoholics and drug addicts," adding to the popular myth that SSDI is "going broke" because of dead beat drug users who refuse to work.  Fox News did nothing to set the record straight. The truth is that by law individuals cannot qualify for SSI or SSDI benefits based on either alcohol or drug addiction/abuse. In 1996, Congress passed Public Law ( P.L. ) 104-121—which terminated benefits for Supplemental Security Income ( SSI ) and Disability Insurance ( DI ) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997. Social Security will currently not award benefits to persons becau

TAKE A HARD LOOK AT SOCIAL SECURITY BEFORE YOU FILE!

Considering a Social Security disability claim?  Take a hard look at it before deciding. If you have a choice, you probably don't need to apply. Some things to consider: 1.  It will probably not be an easy or short process.  It will take about 4 months to get your initial decision and 70% of those are denials.  If you must appeal, expect a wait time of an additional 18 months after you file the appeal.  So, you may be looking at 2 years or more in many cases. 2.  You will need good medical evidence.  If you have little or no evidence from a doctor, it isn't likely you will ever be approved. 3.  You cannot apply for SSDI while you are working and earning at least $1,170 a month.  This work will disqualify you.  Many people don't realize they will have to stop working to apply for SSDI.  That's why we say, "If you have a choice, you probably don't need to apply."  If working is an option, it's the best option. 4.  The average SSDI benefit is arou