DISABIITY FOR MENTAL HEALTH DISORDERS

Social Security does provide disability benefits for qualifying mental health disorders.  There are 3 ways to win a disability case involving psychological or mental disorders:

1)  Meet a Listing.  Provide medical evidence from your doctor that your mental impairment is of such severity that it meets one of the published Listings in the Social Security regulations.  Most claimants will not meet a Listing but still may qualify for benefits.  Section 12 of the "Bluebook" considers impairments under the following categories:
  • 12.02 organic disorders
  • 1203 Schizophrenic, Paranoid, other Psychotic Disorders
  • 12.04 Affective Disorders
  • 12.05 Intellectual Disorders
  • 12.06 Anxiety Related Disorders
  • 12.07 Somatoform Disorders
  • 12.08 Personality Disorders
  • 12.09 Substance Addiction Disorders (prescribed substances)
  • 12.10 Autistic Disorders
2)  Use a Medical-Vocational Guideline as a framework for a finding of disability.  If you are age 50 or above, the guidelines may help you get a faster approval.  You will still need medical evidence showing the severity of your impairment.

3)  Convince Social Security that your mental impairment is severe enough to prevent performing work activity on a full-time basis.  This can work even for younger individuals (below age 50).  A medical source statement from a treating psychiatrist or clinical psychologist is very useful.

A general statement from your doctor that does not detail specific work-related activities and assign a level of severity to each is useless.  For example, a doctor's note that says:  "Joe Doe has severe depression and is not able to work.  He is disabled," is a useless item.  It violates several regulations and cannot be used as a basis for disability.  I recommend using one of the medical source forms specifically designed for doctors to use.
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If you need help with a Social Security disability application, appeal, hearing or other problem, please contact the Forsythe Firm in Huntsville.  There is no fee unless you win.  (256) 799-0297.

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