MENTAL OR PSYCHOLOGICAL IMPAIRMENTS

Social Security is required to consider psychological or mental impairments when evaluating applications for disability benefits.  

However, the decision maker at Social Security will probably NOT be a psychologist or mental health professional and may not understand the complex nature of a psychological based illness--such as depression, anxiety, panic disorder, PTSD, etc.

In fact, decisions are often made by "single decision makers" (SDM) who have absolutely no training in mental health matters.  Social Security has ruled that opinions offered by SDMs are not medical opinions and must not be treated as such.  This makes for fertile ground in the appeals process.

A skilled advocate or attorney may be able to challenge the conclusions of single decision makers, or even doctors who have never examined the claimant.  This may lead to a reversal of a denied claim, clearing the way for payment of benefits.

We can go a step further.  Social Security will sometimes send the claimant to a licensed psychologist for a consultative examination.  Then, based on the opinion of the psychologist, the claim will be denied.  These opinions are often not valid, either.  Social Security regulations state that the opinions of the claimant's own treating doctors are usually to be given more weight than opinions of one time examiners (20 Code of Federal Regulations, Part 404.1527).

I would sum up this way:  If you applied for Social Security disability based on a mental impairment and were denied, the denial may not stand up at appeal--for many different reasons.  Appeal that denial right away.  

WHAT DOES AN APPEAL COST?  Not one single penny--until you win and collect the back pay that you've missed.  All costs of the appeal will be borne by the advocate who handles your case.  You will pay the advocate by using a small percentage of your back pay after the case has been approved.  If you are not approved, or if you do not receive back pay, you will never owe any attorney's fee or other costs.

This basic rule applies to other types of Social Security denials, as well.

Have you lost a Social Security disability claim (of any type) within the past 60 days?   Appeal, appeal, appeal.  Appeal first, ask questions later.  There is a 60 day deadline to appeal and the deadline is very strictly enforced.

The Forsythe Firm
7027 Old Madison Pike NW
Suite 108
Huntsville, AL 35806
"Focused on Social Security"
PHONE (256) 799-0297       www.ForsytheFirm.com 

Free consultations.  No fee, no cost unless you win.

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