February 2012

 

Social Security Disability Newsletter

 


Psychiatric Disorders
as Basis for Disability

People who suffer from psychiatric disorders may be eligible
for Social Security disability benefits.

 

Along with traditional psychiatric diagnoses, 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 him or her from working 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, or 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. Often patients are reluctant to admit the severity of depression, but it can make the difference between winning or not.

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 documented in the medical records.
Often patients are reluctant to admit the severity of depression…

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Please note my new
Gaithersburg office address:

4 Professional Drive
Suite 134
Gaithersburg, MD 20879

 



Did you know?

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

  • 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
  • Disabled workers: 8.5 million receiving benefits
  • Spouses and children: 5 million receiving benefits
  • Widows, widowers and surviving children receiving benefits: 6.3 million

Thank You

I would like to thank all of you who have recommended my firm to your clients, patients, employees, and acquaintances. My initial office consultations are free, and clients do not have to pay any legal fees unless some benefits are awarded.

I welcome referrals, who may call my office at 1-888-263-2630 to schedule their free appointment. www.SSBenefitsLawyer.com

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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 2007-2012 Sarah Patterson