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BIPOLAR, MDD AND OTHER MENTAL DISABILITIES



Probably two out of three telephone calls that my office receives involves claimants inquiring about benefits for some type of mental impairment.  The most common question is, "Can I qualify for Social Security disability based on [bipolar, panic attacks, depression....]?"


The answer is, Yes - if the condition is severe enough to prevent you from working for a period of at least 12 months.  Social Security law recognizes mental impairments just the same as they do physical impairments - and based on the same general principles:

  • The illness must be medically determinable - that is, doctors or psychologists must be able to identify your disorder by accepted methods and state that your symptoms could reasonably be produced by the disorder(s) that you have.
  • That the disorder has lasted or is expected to last for 12 continuous months or more.
  • The symptoms produced by your disorder(s) causes severe limitations on your ability to do work-like activities.
Psychological impairments are listed in Section 12 of 20 CFR 404, Subpart P, Appendix I (often called simply, "the Disability Handbook").  Impairments can range from mental retardation (delayed development), personality disorders, mood disturbances, traumatic brain injury, organic mental disorders, affective disorders, or Somatoform disorders (physical symptoms for which there are no demonstrable organic findings or know physiological mechanisms.


If you visit the "listings" in Appendix I, you will see very detailed symptoms that must be present to meet one of the listings.  Be advised that relatively few claimants will meet one of these listings.  Even so, if it can be demonstrated that the individual has severe limitations produced by a serious mental disorder, the claimant is still entitled to benefits.


Do you need more free information about how to get Social Security disability benefits? Click here.

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