Disability Benefits for Mental Health
Disorders
When the symptoms of a mental health disorder prevent you from holding down a job, even with treatment, you may qualify for financial assistance through Social Security disability to make up for the loss of your earning ability. However, pursuing disability benefits for a mental health condition can prove more challenging than for physical health conditions. As a result, hiring experienced legal counsel to guide you through the SSD application process can give you the best chance of success.
Contact Wambach Disability Law for a free initial case evaluation with an SSD attorney to learn more about disability benefit options and the process of applying for benefits from the Social Security Administration based on a debilitating mental health disorder.
Can You Get Disability Benefits for a Mental Health Disorder?
The Social Security Administration does award disability benefits to individuals with mental health disorders that meet the agency’s definition of a disability, meaning the condition has severe, long-lasting symptoms that render a person unable to earn a living income. The SSA operates two disability benefit programs: Social Security Disability Insurance (SSDI) for disabled workers and Supplemental Security Income (SSI) for disabled low-income individuals.
Mental Health Disorders That May Qualify for SSD Benefits
The SSA refers to its “Blue Book” of impairments to see whether an applicant has a listed impairment or a condition that equals or exceeds the severity of a listed impairment.
One section of the Blue Book deals with mental disorders. The Blue Book categorizes mental health disorders into several categories, including:
- Neurocognitive disorders, such as dementia, Alzheimer’s disease, Parkinson’s disease, Huntington’s disease, TBI-related neurological disease, or substance-induced cognitive disorders
- Schizophrenia spectrum and other psychotic disorders, such as schizoaffective disorder, delusional disorder, and psychotic disorder
- Depressive, bipolar, and related disorders
- Intellectual disorders, including intellectual disabilities and intellectual developmental disorders (not including autism spectrum disorder)
- Anxiety and obsessive-compulsive disorders, such as social anxiety disorder, panic disorder, and agoraphobia
- Somatic symptom and related disorders, including illness anxiety disorder and conversion disorder
- Personality and impulse-control disorders, including paranoia, schizoid disorder, borderline personality disorder, and intermittent explosive disorder
- Autism spectrum disorder
- Neurodevelopmental disorders, including specific learning disorders, borderline intellectual functioning, and tic disorders such as Tourette syndrome
- Eating disorders, including anorexia, bulimia, binge eating, and avoidant/restrictive food disorder
- Trauma- and stressor-related disorders, such as post-traumatic stress disorder and adjustment disorders
How Does the SSA Evaluate Mental Health Claims?
The Social Security Administration evaluates mental health-based SSD claims by determining whether an applicant’s mental health condition meets the criteria for a disability. A condition may qualify as a disability when it has lasted at least 12 months or will likely last for at least 12 months and cause symptoms that prevent an individual from substantial gainful activity (engaging in employment that earns more than a specific threshold of monthly income).
The SSA uses a five-step test to determine whether a mental health condition constitutes a disability, whose steps evaluate whether an applicant works enough to meet the threshold for substantial gainful activity, the severity of the applicant’s condition, whether the applicant can perform past jobs in their work history despite their condition, and whether the applicant can perform other jobs despite their condition (given their education, training, and work experience).
Challenges in Proving Mental Health Disabilities
Obtaining Social Security disability benefits for a mental health condition can involve various challenges. Some of the difficulties in pursuing an application arise from:
- The invisible nature of mental health conditions and the inability to diagnose a condition through testing methods like scans, physical exams, or lab tests
- Social stigma surrounding mental health conditions
- Skepticism about the severity of subjective symptoms and whether such symptoms disable an individual from working
The challenges of proving the existence of a mental health disorder and showing that it qualifies as a disability under SSA regulations can lead to denials of SSD benefits for various reasons, including incomplete or inadequate medical records, lack of specialist care (e.g., psychiatrists or licensed therapists), or gaps in treatment.
How to Apply for SSD Benefits with a Mental Health Disorder
Individuals can apply for SSD benefits online or by contacting the Social Security Administration to schedule an appointment to complete their application over the phone or in person at a local SSA office. Before completing an application, you will need to gather relevant supporting documentation, such as medical records that document your mental health condition and symptoms, records of your work history, and financial documentation of your income and assets.
After filing your application, the SSA may request that you submit additional information or documents. You also may have to attend a consultative examination with a healthcare professional, who will draft a report providing the SSA with updated medical information about your condition based on the results of the exam.
You can improve your chances of success in an SSD application based on a mental health disorder by staying consistent with your treatment, including medication or talk therapy, keeping a detailed journal of your symptoms and specific real-world examples of how your symptoms affect your daily living, and obtaining letters from treating medical or mental health providers to explain your condition and how it affects your ability to work.
What to Do If the SSA Denies Your Claim
The Social Security Administration denies the majority of disability benefits. However, the agency gives applicants options to continue to pursue their claims after SSD denials. Applicants can request reconsideration of their claim, then request a hearing before an administrative law judge after denial of their claim on reconsideration, and then appeal an ALJ’s decision to the SSA’s Appeals Council. However, taking proactive steps can improve your chances of success when appealing the denial of your disability benefits application. Things you should do when the SSA denies your claim include:
- Obtain updated medical records to document your mental health condition and the effects it has on your daily life.
- Review the SSA’s denial notice to understand the reason(s) for the rejection of your claim.
- Speak to an SSD attorney for help pursuing the administrative appeals process with the SSA.
How Can an SSD Lawyer Help?
When you file an application for disability benefits from the Social Security Administration for a severe mental health condition, an SSD lawyer from Wambach Disability Law can help you pursue the financial assistance you need by:
- Gathering supporting documentation you will need for your application, such as medical records, work history, and financial information
- Evaluating the facts of your case to evaluate your eligibility for disability benefits from SSDI or SSI
- Working with your medical providers to develop a compelling narrative of your condition and how it affects your ability to work
- Assisting you with completing and filing your application
- Communicating with the SSA on your behalf and preparing you for consultative exams
- Filing administrative appeals after a denial of your initial application and advocating on your behalf throughout the appeals process
Contact Our Firm Today for Experienced Advice and Support
When you cannot work due to the debilitating effects of a mental health condition, you may qualify for disability benefits from the Social Security Administration. Contact Wambach Disability Law today for a free, no-obligation consultation with an SSD attorney to learn more about the process of obtaining Social Security disability benefits for a mental health disorder.
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Contact Wambach Disability Law
If you need help with a disability claim, reach out to Wambach Disability Law today. We can review your situation, explain your options, and guide you through the claims process. Your first consultation is free, and you won’t pay any legal fees unless we help you win your case.