February 2012

 

Social Security Disability Newsletter

 


Psychiatric Disorders
as Basis for Disability

“Just a little depressed…”

 

People who suffer from psychiatric disorders may be eligible for Social Security disability benefits. Along with traditional psychiatric diagnoses and substance abuse, eligibility can be triggered by various cognitive disorders caused by strokes or head injuries.

A simple way to assess potential eligibility is to ask whether the person’s emotional problems prevent performing a full-time job on a regular, sustained and predictable basis. If the answer could be yes, then encourage the client to apply and let Social Security make a decision.

Claims involving psychiatric disorders can also be won when the emotional problem is part of what is called a "combination of impairments." For example, if you are seeing someone who is depressed because of serious back pain or a heart condition, of cancer - consider the overlay of the emotional issue of depression along with the physical problem. These combined impairments often can create a winning disability case.

There always needs to be a clear psychiatric diagnosis and clinical record supporting the claim, and then, as always, functional limitation becomes the test. The person's memory, ability to concentrate, and capacity for persistence and pace are evaluated, along with social functioning and present activities of daily living. If the person has deteriorated in past work settings, this is also extremely important to document. There must be a psychiatric diagnosis PLUS functional limitations.

In a quick hour, we can answer questions you have about disability based on any psychiatric disorder. We'll bring you up to speed on your area of interest and improve your ability to help clients and patients.

Did you know?

With the freshly announced 3.6% COLA increase, the first since 2009, this information is interesting:

  • Disabled workers: 8.5 million receiving benefits
  • Spouses and children: 5 million receiving benefits
  • Widows, widowers and surviving children receiving benefits: 6.3 million
  • Total retirement, disability and survivor benefits to be paid in 2011: $727 billion
  • Average monthly payment in August 2011: $1,082
  • Average monthly increase next year: $39


medical files

Often patients are reluctant to admit the severity of depression, but it can make the difference between winning or not

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Call our office to schedule an appointment or a free seminar on any topic.
Often patients are reluctant to admit the severity of depression, but it can make the difference between winning or not.

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DISCLAIMER - This web page is a resource containing general information which is intended, but not guaranteed, to be correct and current. Do not rely on information on this site in place of the advice of an Attorney. Visitors should consult an attorney to address their legal concerns. You should not consider this information to be an agreement for an attorney-client relationship. You should not rely on information provided here as constituting legal advice. Contacting us through this web page or e-mail does not mean you have contracted for representation by this office.  We are not engaged in your representation until you sign a contract with us.  Licensed attorneys may practice Federal Social Security and SSI Disability in any state. Copyright 2007-2011 Sarah Patterson