The Long Haul To Your Social Security Mental Disability Claim Decision
If a mental illness prevents you from working, you might be eligible for Social Security Disability Insurance (SSDI) benefits. The process is long and detailed, so muster plenty of patience and become familiar with the process before you start.
Filing Your Claim
To file your claim, you can complete your application online, via the telephone or at an Social Security Administration (SSA) office near you. If there are no complications in your case, you might receive a decision within three to five months of submitting your online application.
Information You'll Need
You'll need to gather evidence of your illness. Compile documentation from all professionals that treated you, and include information about your prescriptions. Also, include the contact information for all therapists that treated you. You'll also need to provide your work information, so get copies of your W2 forms and pay records.
Administration's Review For Mental Disability
After the SSA receives your application they verify and review your case, and make a determination. For example, if you file a mental disability claim, the reviewers will look at your medical records for evidence that your mental illness prevents you from working. They'll assess the following:
- Limitations on work activity
- Diminished capacity for daily living
- Understanding and memory problems
- Inability to concentrate and interact socially
- Inability to adapt to changing work situations
Case Decision
The SSA also makes a determination about your capacity to work. If the SSA finds that you can't work because of your mental illness, they'll approve your case; otherwise, you'll receive a denial.
If you currently work -- even part time, your income might be above the minimum amount you can make to collect benefits. So, the SSA might deny your claim.
The administration also might deny your claim if your evidence doesn't support severe mental impairment, or if your illness doesn't have more than a minimal effect on your ability to work. You also might receive a denial if your mental illness doesn't meet or equal the administration's list of impairments.
The administration also takes a look at your age, education and work experience. If you still can perform work that you did in the past or other types of work, the SSA might deny your claim.
Reconsideration
If you receive a denial, you can request a reconsideration. An SSA representative will review your case and make a decision.
Administrative Hearings
If the SSA representative denies your reconsideration, you can take your case to an SSA administrative hearings judge, who reviews your entire case. He or she will also review any additional evidence you or the SSA office brings. You might need to undergo a consultative neurological examination to see if your illness progressed after the denial decision.
Appeals Council Review
If your claim is again denied, you still have another shot. You can request that the Appeals Council review your case. The Appeals Council reviews denials made by Administrative Hearings judges. The Appeals Council judge can decide to review your case or deny your request for a review. To get a review, at least one of the following must have affected the outcome of your case:
- Abusive discretion
- Decision unsupported by substantial evidence
- Error in the interpretation of the law
- Policy or procedural issue
- New evidence
The Appeals Council judge might make a decision on your case, or send your case back to an SSA administrative hearing judge. But, if your case doesn't meet any of these issues, the judge might not review your case at all.
Civil Action
If you get yet another denial, you can take your case to a U.S. district court and file a civil action claim. Here, the court might agree with the SSA's decision or remand your case back to the SSA for further action. The district court also might issue a corrective decision.
If you continue to be displeased with the courts decision, you can appeal again. Getting disability benefits is often a difficult feat. If you can't work because of a mental illness, you might have an even more difficult time getting disability benefits. So, contact a lawyer like A Affordable Attorney Gerling Law Group to help you with the long process.
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