What is the Application Process for Social Security Disability and SSI?
How do you Win Benefits under Social Security Disability or SSI?
If I am determined disabled, how far back will Social Security pay benefits?
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
How much does a Social Security disability attorney get paid?
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
What do you Need to Prove to Qualify for Disability Benefits?
Social Security Disability SSI and Fibromyalgia
Social Security Disability SSI and Degenerative Disc Disease
Can I Qualify For Disability and Receive Benefits based on Depression?
Answers to questions about SSD and SSI disability
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Social Security Disability Tips — how a claim gets worked on
Social Security Disability, SSI Disability - Terms, Definitions, Concepts
Can You Get Approved For SSI or SSD Benefits IF You Have A Mental Condition But Do Not Take Medication?
How to prove you are disabled
and win disability benefits
What mental conditions does the Social Security Administration (SSA) consider disabling? You can get approved for SSI or SSD if you have any one of a variety of mental conditions.
For example, you can be approved for SSI or SSD if you have depression, anxiety, bipolar disorder, schizophrenia, post-traumatic stress disorder, learning disabilities, mental retardation, panic attacks, somatoform disorder, organic brain disorders, attention deficit disorder, personality disorder, or any other combination of mental conditions.
The Social Security disability guidebook (a.k.a. the blue book) contains mental impairment listings. These listings provide the medical disability criteria needed to satisfy the SSA severity requirements for receiving disability benefits.
Claimants can be approved for disability benefits by meeting or equaling the requirements of a listing in the blue book, or by successfully passing through the sequential evaluation process, a five step process which seeks to determine whether or not a claimant has a severe impairment that will last at least one full year and which will prevent the performance of substantial and gainful work activity.
What medical evidence is required if you have a mental condition?
Like all disabling conditions, whether they are physical or mental, Social Security requires some type of objective medical evidence to support your allegation of a disabling mental condition. If you are applying for SSI on the basis of a mental condition, it is beneficial to your disability claim if you have a history of continuous treatment for your mental condition from a qualified mental health professional (i.e. a psychiatrist or psychologist).
Generally, Social Security prefers medical information from a treating physician (i.e. counseling notes that contain a diagnosis, prognosis, and response to treatment or any kind of objective mental testing) to make their medical decisions. If you do not have any mental health treatment notes, it is likely that you will have attend a CE, or consultative examination, with a mental health professional who will be paid by the Social Security Administration to:
A) give a status of your mental condition and/or
B) perform objective testing such as intelligence quotient (IQ) testing or memory testing.
Since they are paid for and obtained by Social Security to provide the minimal amount of medical evidence needed for disability examiners to make their disability decision, the consultative examinations rarely result in an approval for SSI or SSD disability benefits. It is simply difficult to ascertain the true limitations of an individual in a one-time, often quick, examination, performed by a doctor who has never previously met the patient and who may have no knowledge of the patient's past medical history.
Having a documented medical history, of course, can also serve to provide a record of prescribed medications and the patient's response to such treatment.
Can you be approved for SSI or SSD disability benefits if you do not take medication or are not compliant with the medication you have been prescribed? While Social Security does not specifically state that you have to be compliant with your medication in order to be approved for SSI or approved for SSD (except in the case of attention deficit disorder), it is my opinion as a former disability examiner that non-compliance with prescribed medication does not help your chances of being approved for SSI or SSD disability.
There is no denying that most people with mental conditions have some improvement in their functional capabilities while following their prescribed treatment. Having said this, though, how medication non-compliance might affect the overall chances of being approved for SSI or SSD varies from disability agency to disability agency, and even from unit to unit within those agencies (each state has at least one DDS agency that processes disability claims for the social security administration: DDS stands for disability determination services).
If you do not take any medication, or are not prescribed medication for your mental condition, it may or may not affect upon your chances of being approved for disability. Some mental conditions cannot be treated with medication.
For example, if your mental condition is organic brain disorder, or mental retardation there are no medications available for treatment. If you have one of these conditions you may vary well be approved for disability benefits even if you are not taking medication.
However, if you are not taking medication and your disabling impairment is depression, anxiety, panic attacks, bipolar disorder, etc., your condition may be considered less debilitating or even non-severe.
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SSD and SSI are Federal Programs
The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Recent approval and denial statistics for various states can be viewed here:
Social Security Disability, SSI Approval and Denial Statistics by state
Special Section: Disability Lawyers and unnecessary claim denials