SOCIAL SECURITY DISABILITY FOR MENTAL IMPAIRMENTS!

The Social Security Act provides cash benefits for both physical and mental impairments.  The keys to winning benefits for either a physical or psychological impairment are (1) severity and (2) duration.

The duration requirement is 12 months or more.  You must have had the disabling condition for at least 12 months or expect the condition to last for a continuous 12 months or more, or to end in death.

Severity of the impairment must be such that you cannot return to the work you performed in the past, or to other types of work available in the national or regional economy.  In short, your impairment must place such physical or mental limitations upon you that you are not able to hold any type of full-time job.

The condition that you claim to be disabling must be "medically determinable."  This means that doctors, psychologists or other qualified specialists have documented your condition using reliable and accepted medical or psychological tests, such as lab tests, X rays, MRI studies, psychological tests, etc.

Social Security sets forth their requirements for mental impairments in Section 12 of the "Disability Handbook."  It's official name is the 20 Code of Federal Regulations, Part 404, Subpart P, Appendix I.

However, a claimant can be found disabled even if he or she does not meet one of the listings.  Some attorneys and advocates believe that proving a disability for mental impairments is more difficult than for physical conditions.  I have handled many disability claims based on mental impairments and do not find them to be more difficult.  I would say that I've won as many claims for  mental disorders as I have for physical disorders.

It is true that disability claims based upon mental impairments must be approached a bit differently.  For one thing, the evidence will not be in the form of laboratory tests, X-Rays or EKG studies.  Yet, Social Security's requirements are just as specific as they are for physical impairments.  The level of severity requirement is the same:  the claimant must have functional limitations that prevent him or her from performing substantial gainful activity.

If you're looking for a representative to help with a Social Security disability claim, be sure you find one who is comfortable working with psychological or mental impairments.  Knowing the level of proof that is needed and the type of evidence required is instrumental in getting the claim approved.



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