In Can Be Difficult to Prove Mental Health Disability (2024)

January 4th, 2023 | Uncategorized | admin

Since mental health disabilities are more difficult to recognize than physical impairments, it can be challenging to prove your disability to the Social Security Administration (SSA) when applying for benefits. While it may take more time and effort to have your disability claim accepted, it is not impossible.

In Can Be Difficult to Prove Mental Health Disability (1)

Mental Disabilities That Qualify for SSDI Benefits

According to the SSA Blue Book, the mental disorders that potentially qualify for social security disability benefits, when they prevent you from working, are divided into the following 11 categories.

Neurocognitive Disorders

Mental disorders that fall under the neurocognitive category include:

  • Dementia of the Alzheimer Type
  • Dementia due to a medical condition like Metabolic Disease, such as Late-Onset Tay-Sachs Disease
  • Vascular Dementia
  • Major Neurocognitive Disorder
  • Neurological Diseases Such as Multiple Sclerosis, Parkinsonia Syndrome, & Huntington Disease)
  • Substance Induced Cognitive Disorders
  • Progressive Brain Tumors
  • Vascular Malformation
  • Traumatic Brain Injury
  • Human Immunodeficiency Virus Infection

Schizophrenia Spectrum & Other Psychotic Disorders

Mental disorders that are categorized under this section include:

  • Delusional Disorder
  • Psychotic Disorders due to another medical condition
  • Schizophrenia
  • Schizoaffective Disorder

Depressive, Bipolar, & Related Disorders

Some of the most common mental disorders fall into this category including:

  • Major Depressive Disorder
  • Bipolar Disorder I & II
  • Bipolar of Depressive Disorder due to another medical condition
  • Dysthymia, or Persistent Depressive Disorder
  • Cyclothymic Disorder

Intellectual Disorder

The only mental disorder listed in this category is historically known as “Mental Retardation”, but can also be referred to as Intellectual Disability or Intellectual Developmental Disorder.

Anxiety & Obsessive-Compulsive Disorders

This category includes several mental disorders commonly found in the U.S. including:

  • Generalized Anxiety Disorder
  • Social Anxiety Disorder
  • Panic Disorder
  • Obsessive-Compulsive Disorder
  • Agoraphobia

Somatic Symptom & Related Disorders

The mental disorders that fall under the Somatic Symptom category include:

  • Conversion Disorder
  • Somatic Symptom Disorder
  • Illness Anxiety Disorder

Personality & Impulse-Control Disorders

Mental disorders that are listed under this section include:

  • Intermittent Explosive Disorder
  • Borderline Personality Disorder
  • Dependent Personality Disorder
  • Obsessive-Compulsive Personality Disorder
  • Paranoid Personality Disorder
  • Schizoid Personality Disorder
  • Schizotypal Personality Disorder
  • Avoidant Personality Disorder

Autism Spectrum Disorder

The two disorders that are evaluated in this category are:

  • Autism Spectrum Disorder with or without accompanying language impairment
  • Autism Spectrum Disorder with or without accompanying intellectual impairment

Neurodevelopmental Disorders

The following mental disorders are considered a part of the Neurodevelopmental section:

  • Borderline Intellectual Functioning
  • Tourette Syndrome and other tic disorders
  • Specific Learning Disorder

Eating Disorders

According to the National Eating Disorders Association (NEDA), approximately 30 million Americans struggle with eating disorders including the following:

  • Avoidant/Restrictive Food Disorder
  • Anorexia Nervosa
  • Bulimia Nervosa
  • Binge-Eating Disorder

Trauma & Stress Related Disorders

Mental disorders evaluated in this category include:

  • Post Traumatic Stress Disorder
  • Other specified trauma and stressor-related disorders

Common Reasons Why Mental Disability Claims are Denied

Around 70% of initial Social Security Disability Insurance (SSDI) claims are denied, with the majority of those involving mental illness. In fact, individuals applying for SSDI for mental disorders make up about 30% of all disability claims the SSA receives each year. There are several reasons why mental disability claims are more prone to denial.

Much of the Evidence is Subjective

Unlike physical disorders, you can’t diagnose mental disabilities with lab tests, x-rays, and scans. Mental illness is determined by a physician’s observation along with the patient’s own report of their symptoms over a period of time. It is difficult to obtain a successful disability claim without the hard evidence that can be provided with physical impairment claims.

Lack of Documentation from Treatment Providers

Proper documentation of your medical history, diagnosis, and treatment plans are crucial to receiving SSDI benefits. If the Social Security Administration isn’t provided a comprehensive report of your care, they cannot determine if you qualify for disability benefits.

Lack of Supportive Evidence

While medical documentation is critical to your disability claim, there are other forms of non-medical evidence that can help you state your case. You can also submit your own personal account of your impairments and limitations, letters from your family, former coworkers, or clergy advocating for your condition, as well as written testimonies from your group counselor or therapist.

Failure to Comply with Treatment

If your physician has diagnosed you with a mental disorder, you must continue with the treatment plan provided. Failure to adhere to treatment will result in the denial of SSDI benefits.

Improve the Chances of Receiving SSDI for Mental Illness

Accepting the fact that most disability claims submitted to the SSA are rejected is the most important step in the application process. Don’t give up – with time, dedication, and the proper documentation, you can increase your odds of obtaining Social Security Disability benefits. Follow these steps to improve your chances to obtain approval.

Make Sure You Fully Complete Your Application

Gather all of the necessary information needed prior to starting your disability application. The SSA has downloadable checklists that can be very helpful to ensure you don’t miss anything. An incomplete application is subject to denial.

Maintain Detailed Medical Documentation

Make sure to keep all of your documents in one place so you can easily access them. If you are missing any files, test results, or other documents, you can have your medical provider print them out for you. Keeping a journal of dates, therapy sessions, and interactions with health practitioners can help enhance your case.

Continue All Treatment Recommendations

The SSA will want proof that you are doing everything in your power to improve your condition. Attending all scheduled sessions, appointments, and any adhering to any other aspects of your treatment plan is vital to obtaining a successful outcome.

Hire an Experienced Social Security Disability Attorney

Evidence shows that having legal representation when navigating the benefits process greatly improves the chances of the SSA approving your claim. Most Social Security Disability attorneys do not charge a fee until they have won your case so there is no money out of pocket when you begin the process.

The Cunningham Law Group: Experienced & Compassionate

You don’t have to journey through the complicated disability benefits process alone. At the Cunningham Law Group, our dedicated team of legal experts are extremely familiar with Social Security Disability claims and will continue to fight for the benefits you deserve. From the time your application is submitted right on through the appeals process and beyond, you can depend on our compassionate disability lawyers to advocate on your behalf.

If you or a loved one needs to file a disability application, or has already been denied, give the Cunningham Law Group a call to schedule your free, no obligation consultation today.

In Can Be Difficult to Prove Mental Health Disability (2024)

FAQs

How hard is it to get SSDI for mental illness? ›

Unfortunately, SSDI claims involving mental illnesses can be even more complex than those involving physical disabilities. As a result, mental health claims are often denied.

How to pass a mental evaluation for disability? ›

Tips on How to Pass the Social Security Mental Exam
  1. Answer all the questions. The disability mental exam questions are designed to give the examiner a clear picture of your mental health. ...
  2. Be specific. ...
  3. Don't answer questions you aren't asked. ...
  4. Be honest. ...
  5. Don't hold back. ...
  6. Do your best on any tests you're given.

How to win disability hearing for depression? ›

Prove that You Cannot Work Due to Your Mental Illness
  1. Medical records.
  2. Mental health status evaluation report (optional)
  3. Support from your medical team.
  4. Proof that you are following your medical team's recommendations.
Apr 26, 2024

Can you qualify for disability with anxiety and depression? ›

Yes. Depression is a type of mental health disorder that can impact your mood, thoughts and feelings, weight, sleeping habits, energy level, and ability to function. If you have depression that interferes with your ability to work, then you may be eligible for Social Security disability benefits, like SSDI and SSI.

What is the most approved mental illness for disability? ›

Social Security awards disability benefits to people who have depression or bipolar disorder that is severe enough to keep them from working. You might qualify for Social Security disability benefits if your panic attacks occur frequently and last long enough to keep you from working.

Why are mental health disability claims denied? ›

Sometimes noncompliance is due to the claimant's inability to afford the prescribed medication, but the SSA usually doesn't consider affordability but focuses instead on whether or not the claimant has adhered to the prescribed treatment plan. Some mental disability claims are rejected on the basis of duration.

What not to say during a psych evaluation? ›

Don't exaggerate your mental symptoms. If the doctor thinks you are being dramatic about your symptoms, then you will lose credibility. For example, someone who suffers from anxiety will talk about panic attacks and being afraid to deal with other people. They might also say they can't sleep at night.

What is asked at mental status exam for disability? ›

Typical mental status exam questions include asking you to name the current president, count backward by sevens from 100, recall items from a list after several minutes, explain a well-known proverb, and talk about your family and your childhood.

What is evidence of mental disability? ›

The SSA will look for statements about your mental health symptoms, behavior patterns, social interactions, ability to complete tasks, and other information about your daily life. Additional medical evidence can include: Diagnostic tests you have taken. A history of the prescription medications you take or have taken.

At what point does depression become a disability? ›

The Americans with Disabilities Act (ADA) considers depression a disability. According to the ADA, a disability is any mental or physical impairment that significantly reduces a person's functioning, in at least one important area of life. Through its symptoms, depression can do exactly this.

What not to say at a disability hearing? ›

Don't Bring Up Irrelevant Information. During your hearing, it's crucial to stay focused on the facts that pertain to your disability. Sharing unrelated personal issues, such as financial problems or marital troubles, may distract the ALJ from the critical aspects of your case.

What are the signs you won your SSDI hearing? ›

The judge will ask about past work experience, medical impairments, and ongoing symptoms during the questioning. Suppose the judge asks a few questions or cuts off your attorney during questioning by saying they have enough information. In that case, this is usually a sign that your disability hearing went well.

What to say and not to say at a disability doctor? ›

Do not tell the doctor you are “o*kay,” “fine,” or “pretty good” when you are there for an assessment of your condition. Even saying this out of habit could jeopardize your claim. Be honest about your complaints, symptoms, and other details of your condition.

What is the most approved disability? ›

What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits. This is because arthritis is so common. In the United States, over 58 million people suffer from arthritis.

What is the max disability for anxiety? ›

VA rating for anxiety

Anxiety disorders can be rated at 0%, 10%, 30%, 50%, 70%, or 100%, depending on the severity and frequency of your symptoms. The more often you experience symptoms, the higher your rating could be.

How much money does a mentally disabled person get? ›

The maximum mental health disability pay through SSDI in 2023 is $3,267, and the maximum is based on the maximum annual earnings that are subject to Social Security taxes. The average monthly SSDI mental health disability benefit, according to the Social Security Administration, is $1,483 in 2023.

What counts as severely mentally disabled? ›

Severe mental impairment means a permanent condition which severely affects intellectual and social functioning. This can include conditions like Parkinson's, dementia, and learning disabilities. You will need a certificate from your doctor saying that you are severely mentally impaired.

What to expect at a SSDI mental status exam? ›

Typical mental status exam questions include asking you to name the current president, count backward by sevens from 100, recall items from a list after several minutes, explain a well-known proverb, and talk about your family and your childhood.

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