DISABILITY FOR MENTAL ILLNESS

There are several myths out there concerning Social Security disability and mental impairments.  One myth is that anyone can get disability benefits by pretending to have a psychological impairment.  No one who thinks that has ever developed or tried a case before an administrative law judge.  Social Security has rather severe requirements that must be met before anyone gets a disability check.  


Another myth--kind of on the opposite end of the spectrum--is that mental impairments are impossible to prove and, therefore, almost nobody can qualify for disability due to psychological or mental illness.  This, of course, is also untrue.


If an individual has a mental impairment that has lasted or is expected to last for 12 months or more, presents serious limitations on the individual's activities of daily life, including the ability to work, there is good cause to file a Social Security disability claim.


Quite by accident, when I first began my practice, my first case was a claim based on mental impairments.  I spent a great deal of time on that case.  And we won it.  The next two or three cases were also based on psychological impairments.  By the time I had completed three or four of these cases, I was convinced of two things.  One, mental impairments are every bit as disabling as physical impairments; and, two--there is a systematic way to develop and win cases involving mental disabilities.  Over the last several years, I have won more cases based on psychological or mental issues than ones based on physical issues.


It may be fair to say that mental illness requires a different kind of proof because the severity of symptoms can be subjective.  You don't prove them with x-rays, blood studies or MRIs. Yet, there is an acceptable and effective method for documenting mental impairments and disability cases based on mental illness are won every day.


Cases based on mental conditions may get denied more often at the initial stage, simply because of the subjectivity involved.  Therefore, the claimant must usually appeal to the second stage--a hearing before an administrative law judge.  I do not believe that cases involving mental disabilities are more difficult to win at the hearing stage.


The Forsythe Firm
7027 Old Madison Pike
Huntsville, AL 35756    (256) 799-0297


Free evaluation of your case is available from our firm.

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