As an experienced Wheaton Social Security Disability attorney with years of experience in estate planning, I understand the level of complexity and challenge presented in qualifying for SSD for mental health conditions. Mental health issues are less tangible compared to physical disabilities, making the proof of the extent and severity of the condition much more difficult under SSA criteria. I will now discuss what happens when one attempts to apply for SSD benefits for someone suffering from a mental health condition in Illinois and its impact on estate planning.
It is tough to qualify for SSD benefits due to mental conditions. Being an experienced Wheaton Social Security Disability attorney, I have navigated a lot of my clients through the complexities involved in the application process for SSD benefits, especially the ones pertaining to mental conditions. These are cases with their nuances that often demand deep experience both legally and medically.
The SSA lists a wide variety of mental health disorders, from mood disorders to anxiety disorders, psychotic disorders, and many others, as possibly disabling. These are then listed in the SSA’s Blue Book under various categories. However, diagnosis alone is not sufficient. What helps an individual qualify for SSD benefits is proof that their mental health condition impairs their ability to work and daily activities substantially.
This typically entails establishing obvious limitations in your capacity to maintain social functioning, focus, and adjust to changes in a routine work environment for mental health disabilities. The necessary documentation goes well beyond simple medical diagnoses to encompass thorough treatment history, psychiatrist and therapy notes, hospitalizations, and very frequently, a history over time that accurately depicts how the condition impacts daily living.
Subjectivity of Symptoms – Whereas the symptoms of certain physical disabilities are clear and well defined, symptoms relative to mental disabilities are usually subjective and variable. These include conditions like depression, bipolar disorder, and anxiety. Many a time, these may not have outwardly visible signs, thus making objective proof of severity intractable.
Stigma and misunderstanding – Much stigma still clings to mental health conditions, and this can sometimes affect the attitude of others to these conditions, adjudicators included. It will make it much more difficult to get the highly needed validation of the effects your disability has on your functional capability.
Medical Treatment Discontinuity – Individuals with mental health disorders tend to experience discontinuity in treatment, which may be misunderstood by the SSA as improvement in health or that one’s disability is not severe. One needs to be able to establish continuity of treatment despite the fact that many mental health disorders are episodic in nature.
Lack of Standardized Testing – In mental conditions, compared to physical conditions, there are fewer standardized tests on which disability can be more easily quantified.
An SSD attorney will be of significant help at this stage in gathering and presenting the required evidence to the SSA to meet the criteria, fully documenting the functional limitations caused by the mental health condition, preparation of the potential appeals process, and hearing representation.
Preferably, voluminous medical documentation includes treatment notes of all treating mental health professionals discussing diagnosis, treatment plans, and response to treatment. Statements from family members, friends, and coworkers are usually helpful in reflecting and showing how one’s condition interferes with their day-to-day life.
Gaps in treatment can be reasonably explained; for example, changes in insurance, financial hardship, and times of hospitalization. It is also of assistance to demonstrate consistency in effort when trying to seek out treatment where possible.
If you or someone in your life is struggling with the challenge of securing SSD benefits for a mental health condition, it is of paramount importance to seek out professional legal help. Contact our Illinois Social Security disability lawyerat Harold W. Conick & Associates by calling(800) 608-8881 to receive your free case evaluation. The professional team at Harold W. Conick & Associates proudly serves clients throughout Chicago and is here to make the process for applying as smooth and easy as possible. Let us assist you in building a solid case so that you qualify for benefits.