WHEN MENTAL CONDITIONS ARE 'DISABLING'

Editor's Note:  For more detailed information on Social Security based on mental impairments, please go to the link below:

 http://forsythefirm.blogspot.com   
Mental conditions become 'disabling' when they are so severe that they prevent your ability to perform work related activities on a full-time basis.  Full time is defined as 8 hours per day, 5 days per week, or an equivalent schedule.

Mental impairments include, for example, anxiety, depressive or affective disorders, organic damage to the brain or nervous system, developmental delay, etc.  These are general categories.* Social Security disability awards are based on severe restrictions of function.  These may include, for example, severe restrictions in the ability to:
  •  Concentrate or focus
  •  Persist or stay on task.
  • Finish tasks or complete them in a timely manner
  • Understand and remember simple instructions
  • Adapt to change in work routines
  • Make judgments commensurate with skilled/unskilled work.
  • Respond appropriately to supervision
  • Respond appropriately to co-workers or the public
  • Report to work without excessive absences
If it can be shown through medical or psychological evidence that an individual is severely limited in one or more of the above functions, the individual may qualify for Social Security disability benefits based on a mental impairment.

Merely being diagnosed with a mental illness is not sufficient, by itself, to receive a disability award.  We must show the limiting affects or symptoms produced by the illness and how the ability to perform work is restricted.  Support from a medical doctor, psychiatrist or licensed clinical psychologist is imperative.  In some instances, additional evidence can also be provided by a counselor, school counselor, teacher, 1or other professional.

*Mental Impairments are listed in the Code of Federal Regulations, Part 404, Subpart P, Appendix I, Section 12.  The impairments named in this article are for examples only and do not reflect the entire list of mental impairments that may support a finding of disability.  An attorney or qualified non-attorney advocate can advise you on particular requirements to be awarded disability.  This is intended as general information and not legal advice for any particular individual, condition or situation.

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