WINNING DISABILITY FOR MENTAL DISORDERS
Mental disorders can be disabling just the same as physical disorders for purposes of Social Security disability. The Forsythe Firm handles dozens of claims each year based on mental or emotional disorders - and we win a majority of the ones that we represent.
The evidence in a disability case based on mental disorders can be a bit more subjective; however, Social Security requires a "severe impairment based on medically determinable evidence." Obviously, you can't usually define mental impairments with X-rays, MRIs, CAT scans or laboratory studies. So, what do you offer as proof of a severe impairment?
First, I look for a diagnosis by either a clinical psychologist or psychiatrist. Failing that, I look for a diagnosis by a primary care MD. To establish a severe impairment for Social Security, you must have evidence from an "acceptable medical source," which would include the type of evidence I just mentioned. You cannot establish the presence of a severe impairment with evidence from a therapist, licensed counselor or social worker. However, once the severe impairment has been established by a doctor, evidence from "non-acceptable medical sources," must also be considered in evaluating scope, severity and longevity of the impairment.
Knowing that a diagnosis of a particular condition is not enough, I look for ways to define the severity of the impairment - or how it imposes restrictions on normal cognitive or social functions. I try for medical source statements from a treating doctor that quantifies specific limitations of such things as memory, ability to follow instructions, concentration, persistence and pace, ability to respond appropriately to supervisors and coworkers, etc. I want the restrictions in each area to be classified as mild, moderate, marked, severe or extreme. Based on these evaluations, Social Security will form a residual functional capacity that will be used to answer two fundamental questions:
(1) Can the claimant perform any of his/her past relevant work? (2) If not, can the claimant perform any other work as it exists in significant numbers in the national economy? if not, the claimant is disabled under Social Security law.
The hearing judge will ask these two questions of the vocational expert who testifies at the hearing. I want the VE to answer, "No, the claimant cannot do any of his/her past work." I also want the VE to answer, "No, there is no other work that the claimant can do." Knowing what kind of evidence achieves those results is of prime importance to winning a case based on mental or emotional disorders.
If you would like more information about Social Security disability and how an experienced disability advocate may help you, please click here to go to our main web page.
The evidence in a disability case based on mental disorders can be a bit more subjective; however, Social Security requires a "severe impairment based on medically determinable evidence." Obviously, you can't usually define mental impairments with X-rays, MRIs, CAT scans or laboratory studies. So, what do you offer as proof of a severe impairment?
First, I look for a diagnosis by either a clinical psychologist or psychiatrist. Failing that, I look for a diagnosis by a primary care MD. To establish a severe impairment for Social Security, you must have evidence from an "acceptable medical source," which would include the type of evidence I just mentioned. You cannot establish the presence of a severe impairment with evidence from a therapist, licensed counselor or social worker. However, once the severe impairment has been established by a doctor, evidence from "non-acceptable medical sources," must also be considered in evaluating scope, severity and longevity of the impairment.
Knowing that a diagnosis of a particular condition is not enough, I look for ways to define the severity of the impairment - or how it imposes restrictions on normal cognitive or social functions. I try for medical source statements from a treating doctor that quantifies specific limitations of such things as memory, ability to follow instructions, concentration, persistence and pace, ability to respond appropriately to supervisors and coworkers, etc. I want the restrictions in each area to be classified as mild, moderate, marked, severe or extreme. Based on these evaluations, Social Security will form a residual functional capacity that will be used to answer two fundamental questions:
(1) Can the claimant perform any of his/her past relevant work? (2) If not, can the claimant perform any other work as it exists in significant numbers in the national economy? if not, the claimant is disabled under Social Security law.
The hearing judge will ask these two questions of the vocational expert who testifies at the hearing. I want the VE to answer, "No, the claimant cannot do any of his/her past work." I also want the VE to answer, "No, there is no other work that the claimant can do." Knowing what kind of evidence achieves those results is of prime importance to winning a case based on mental or emotional disorders.
If you would like more information about Social Security disability and how an experienced disability advocate may help you, please click here to go to our main web page.
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