Mental
Impairments and Social Security Disability
A severe mental
disorder can affect an individual’s ability to work in many ways. However, having a definitive diagnosis of a
mental disorder is not automatically grounds for receiving Social Security
Disability benefits. As with all claims
for disability benefits through the Social Security Administration (SSA), the
burden of proving disability is on the applicant, and proof requires strong
objective and/or clinical medical evidence.
In assessing one’s
ability to work an 8 hour day (40 hour a week) job for individuals with a severe
mental disorder, the SSA is interested not only in a diagnosis (e.g.
depression, anxiety, bi-polar disorder, or PTSD etc.), but in how the condition
affects your ability to function overall.
Some of the areas the SSA considers are how the condition affects (1)
your understanding and memory, (2) your ability to sustain concentration, (3)
your ability to socially interact with co-workers, supervisors, and the public,
and (4) your ability to adapt within the workplace structure.
Most importantly, objective
clinical evidence and functional assessments regarding limitations must come
from an acceptable treating source, such as a psychiatrist (M.D.) or a
psychologist (Ph.D/Psy.D). They must be
consistent beginning with when the individual claims to have become disabled. Specifically, evidence could consist of
assessments, prescription history, neuropsychological, IQ, and personality
testing, and/or the treating provider’s notes from therapy sessions.
The SSA will also
consider additional evidence regarding functional limitations from a
non-physician or non-psychologist (e.g. a social worker or Physician’s
Assistant) once it determines an impairment to be “severe”. Vital evidence may also include third party
statements, as well as testimony from the Claimant, and any witnesses at the
Claimant’s hearing in front of an Administrative Law Judge (ALJ).
Eric J. Patrick, Esq.
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