 SSDRC 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 |
Social Security Disability, SSI, Mental Disorders, and Functional LimitationsHow to prove you are disabled and win disability benefits Social Security places the heaviest weight on functional limitations that result from the disabling condition rather than simply being diagnosed with the condition. When you consider the Social Security definition of disability, you can see that you can not only file for disability, but also win disability benefits on the basis of a mental disorder or illness...provided that your medical records document that you have sufficient limitations which would rule out the ability to engage in substantial work activity. Social Security’s evaluation of mental disorders requires A) documentation of a medically determinable impairment (i.e. medical records that contain a diagnosis, medication, response to treatment, etc.), B) a weighing of the limitations imposed upon an individual by their mental illness and how these limitations may affect their ability to work, and C) whether or not the limitations are likely to have lasted, or can be expected to last, twelve continuous months. When weighing the severity of your mental impairment, Social Security evaluates the affect your illness has on your daily life by considering the following: 1. Your ADLs, or activities of daily living Activities of daily living might include, but are not limited to adaptive activities such as cooking, cleaning, paying bills, driving a vehicle, caring for your grooming and cleanliness, or performing household chores. Even if you are able to do many of these routine daily activities, Social Security may still find that you have severe limitations performing them if you cannot perform these activities without direct supervision, or in a fitting manner, or on a consistent and routine basis, or without unnecessary interruptions or distractions. 2. Social Functioning Social functioning is another factor used to determine the impact your mental illness has upon your ability to work. Social functioning refers to your ability to interact appropriately, effectively, and on a sustained basis with others. Examples of social functioning might include being able to get along with family, friends, landlords, coworkers, or supervisors. If you have a history of altercations, firings, avoidance of interpersonal relationships, social isolation, or fear of strangers, you may have severe limitations in social functioning. You may be able to interact socially with others, communicate clearly, or participate in groups and yet still have significant limitations. Some work situations require that you must interact with the public, respond to persons of authority, or have cooperative behaviors with coworkers. Social Security does not define severe limitation of social functioning by a specific amount of different behaviors in which social function is impaired but by the character and extent of interference that the behaviors cause with functionality. 3. Concentration, Persistence and Pace Concentration, persistence and pace are also considered when determining the severity of an individual’s mental impairment. You need to have the ability to maintain concentration, persistence and pace to complete tasks frequently found in work settings in a timely manner. Limitations with regard to concentration, persistence, and pace can be documented by work situations, however they may also be verified through clinical examinations or psychological testing. While Social Security considers all of the above criteria when making a disability determination based upon mental illness, they still must have medical evidence that documents symptoms, response to treatment, psychological testing (in cases that involve learning disability, mental retardation, etc.), and laboratory findings to make an independent determination. This information should come from psychiatrists, physicians, psychologists, and other acceptable medical professionals who have clinically treated you in their practices or during hospitalizations. If you have had no mental health treatment in the past ninety days, you may be required to attend a consultative examination with a mental health professional (paid by Social Security) who will conduct either a mental health status evaluation or conduct needed psychological testing. Social Security considers medical treatment records to be current if treatment has occurred within the previous ninety days. If the disability examiner has no current medical treatment records available in the file, they are required to schedule a consultative examination to obtain recent documentation. 
Return to: SSDRC, or the Questions, Answers, Tips, and Advice page Topics and Questions 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 |