how to prove mental disability

A mental illness can be just as disabling as any physical condition. However,  it can be much more difficult for people suffering from these legitimate and covered conditions to get the Social Security disability benefits they deserve. Not only are their conditions more subjective and difficult to prove, but there is a lingering stigma regarding mental health issues in this country.

However, you should not be discouraged from applying for these benefits just because the process can be challenging. The Oklahoma City disability attorneys at Ryan Bisher Ryan & Simons are here to help.

Our Social Security disability lawyers have been getting people the SSD benefits they need for more than 30 years. We have deep knowledge and experience in the field and are prepared to do what it takes to get deserving Oklahomans the stability and financial security they need. If you want to claim Social Security for mental illness, contact us today for a free consultation.

Types of Mental Health Illnesses Social Security Covers

The Social Security Administration (SSA) has lists of mental health disorders that may qualify you for disability benefits for both adults and children. Some mental health conditions that may qualify for disability benefits include:

  • Impaired brain function due to a traumatic head injury
  • Schizophrenia
  • Bipolar disorder
  • Manic-depressive disorder
  • Anxiety
  • Depression
  • Eating disorders
  • Panic attacks
  • Post-traumatic stress disorder (PTSD)
  • Obsessive-compulsive disorder (OCD)
  • Attention deficit disorder (ADD)
  • Attention deficit hyperactivity disorder (ADHD)
  • Certain phobias
  • Hallucinations
  • Low IQ
  • Other mood or personality disorders

What If My Mental Health Illness Isn’t on the List?

If your mental health condition is not included in the SSA’s list of qualifying disabilities, you may still be able to claim Social Security for a mental disability. To claim mental health disability benefits, you will need to make a case for a medical vocational allowance.

When you apply for a medical-vocational allowance, the SSA will consider your age, education, work history, job skills, and illness to decide whether you qualify for disability benefits. To successfully present your case for disability, you will almost certainly need your doctor to fill out a residual functional capacity (RFC) form. This form includes information on the details of your condition to show why you should receive disability benefits. They may report that you cannot focus, have memory issues, don’t work as well with others, or have communication difficulties. An RFC form from your doctor, psychiatrist, or psychologist is usually essential to the outcome of your application in cases of this nature.

How Can I Prove I Have a Mental Disability?

To file for Social Security, you need to know how to prove you have a mental disability. All Social Security disability claims require the applicant to provide evidence of their disability to support their claim. This evidence is particularly important in mental health cases because there may be no obvious physical signs. Some evidence you can use to support your claim includes:

  • Your medical records
  • A note from your doctor, psychiatrist, or psychologist confirming your diagnosis
  • Testimony from family and friends about how your disability impacts your day-to-day life
  • A residual functional capacity (RFC) form
  • Testimony from medical and mental health experts

What Mental Health Disability Benefits Can I Be Entitled To?

There are two types of Social Security disability benefits for people with mental health conditions:

  • Social Security Disability Insurance (SSDI) — SSDI benefits exist to help disabled workers and their family members. Eligibility for SSDI benefits is based on your work history and the extent of your disability. Before you can apply for SSDI, you must have earned enough work credits through the Social Security taxes taken out of your paycheck. You must also be unable to perform substantial gainful activity (SGA). If you make more than a certain amount through your job, you are likely considered to be gainfully employed and ineligible for SSDI.
  • Supplemental Security Income (SSI) — The other type of Social Security benefit you might qualify for if you have a mental health disorder is Supplemental Security Income(SSI). Unlike SSDI benefits, SSI is based on your financial need, not your work history. However, just like SSDI benefits, you cannot apply for SSI benefits if you are gainfully employed.

Depending on the specifics of your disability and your financial situation, you may be able to claim both SSDI and SSI benefits for mental health. A Social Security disability attorney can look at your case, tell you more about what benefits you may qualify for, and help you file an application. It’s good to get started as soon as possible because it can take quite some time for your application to be processed and approved.

How Can a Lawyer Help with My Mental Impairment Claim?

According to the SSA, less than one-third of all disability claims are approved, even after an appeal or reconsideration. That’s why it’s important to work with a disability attorney who can help with your benefits claim by:

  • Gathering your medical records and other evidence to substantiate your claim
  • Filling out the necessary paperwork so everything is in proper order before you submit your claim
  • Assisting with any appeals if your claim is denied
  • Helping you maximize the number of benefits you receive

Contact Ryan Bisher Ryan & Simons to File a Social Security Claim

People with mental health disorders have the same right to Social Security benefits as anyone with a physical disability. Our Oklahoma disability lawyers want to help you claim the benefits you need. Contact Ryan Bisher Ryan & Simons today for a free consultation with one of our Social Security disability attorneys.

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