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Receiving disability for a mental condition in North Carolina




 
The process for receiving disability benefits in North Carolina based on any type of condition, be it physical or mental, can be difficult.

As with any claim, it requires filing a disability application at a local Social Security office where the chances of being denied are as much as 70%. Then it typically requires filing a reconsideration appeal which has an even higher chance of denial, usually about 85% to 87%.

And then, finally, for most claimants, it requires requesting a hearing before a federal administrative law judge, where, unfortunately, the chances of approval are significantly higher (generally, over 60% when a claimant is represented).

However, the process can be a bit more difficult when the person filing a claim is doing so on the basis of a mental condition.

The problem that comes into play when pursuing a claim for disability based on a mental condition very often has to do with medical evidence.

As a disability examiner at NC DDS (North Carolina disability determination services), I was able to observe, over several years, that a case was often lacking in the following ways:

1. Sometimes the claimant listed a particular mental condition, such as depression or anxiety, but did not have a diagnosis of the condition in their medical records.

2. Quite often, even when the individual had been previously diagnosed with a certain condition, there had been very little follow-up treatment, or none at all, in the last several months.

When a person has not received treatment for a condition in the last 90 days, Social Security takes the position that there is no "recent evidence", making it necessary for them to be sent to a CE, or consultative examination (SSA schedules this and also pays for it, and the exam is performed by an independent doctor, not an employee of Social Security).

This type of exam seldom provides the basis for a disability award, though it does so more often in the case of a mental impairment, since mental examinations are typically more detailed and take longer to administer (such as an intelligence test, or a full psychiatric exam).

3. All too often, the diagnosis had come from a general practitioner, or family doctor, not a mental health professional, such as a psychologist, or psychiatrist.

If you file for disability in North Carolina, through either the SSD or SSI program, you will need the following in your records:

A. A clear diagnosis of your condition. That diagnosis should come from a qualified mental health professional, not a family doctor.

B. A history of treatment for your condition. In some ways, this is even more important than having a longitudinal history of treatment for a physical condition.

The mental consultants, who work at disability determination services alongside disability examiners, usually like to see an extended history of treatment for a mental condition versus a recent diagnosis.

If your mental condition has only been recently diagnosed, and it is not organic in nature, such as a drop from a premorbid IQ level, then it is safe to assume that a disability examiner examiner will conclude that your condition will not last the necessary durational amount of time required to qualify for disability benefits.

In other words, you will be denied on the basis that your condition will not be severe enough to be disabling for a full year.

C. Recent treatment for your mental impairment. This is particularly important because to Social Security it indicates that your condition is both ongoing, and also requires continuing care, which indicates to Social Security that you have symptoms which need to be managed.

Related: What can I expect from a Social Security Mental Examination or Evaluation?















Return to:  Social Security Disability Resource Center, or read answers to Questions





























Filing for NC disability benefits

Applying for Disability in North Carolina - How to apply, qualify, and meet filing requirements

Applying for NC disability benefits

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How long will it take to receive NC disability benefits if your application is approved?




Basic questions about disability benefits in North Carolina

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Can You Work and Collect Social Security Disability in North Carolina?

How to Get the Status on Your Social Security Disability Claim in North Carolina

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The disability process in North Carolina

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Is it hard to get disability benefits in North Carolina?

What are my chances of being approved for disability benefits in North Carolina?

How long does it take to receive North Carolina disability benefits after you are approved?

Disability determination services in North Carolina




Disability decisions in North Carolina

How long does it take for the disability decision in North Carolina?

How does the North Carolina Social Security disability determination process work?

Getting disability benefits in North Carolina

Getting denied for disability in North Carolina and filing appeals

What does getting disability benefits in North Carolina involve?

How to get on disability in North Carolina




NC Disability requirements and qualifications

Will I Qualify For Disability Benefits in North Carolina?

What is the criteria for disability benefits in North Carolina?

What are the disability qualifications in North Carolina?

Proving the requirements for disability in North Carolina

How do you meet the Disability qualifications in North Carolina?

SSI and Social Security Disability requirements in North Carolina

How do I Know If I Qualify For Disability in North Carolina?




Winning Disability benefits in NC

How do I win disability benefits in North Carolina?

Improving your chances of getting disability in North Carolina

How to improve the chances of winning a North Carolina disability hearing

Will an attorney or representative help me win North Carolina disability benefits?

Winning disability benefits in North Carolina




Mental Disability benefits in NC

Receiving disability for a mental condition in North Carolina

How do you receive benefits for a mental disability in North Carolina?

Getting approved for mental disability benefits in North Carolina





Disability awards and award notices in North Carolina

Getting a Social Security disability award in North Carolina

The Social Security disability award notice process in North Carolina

What affects how much time it takes to get a disability award in North Carolina?




Disability representation in North Carolina

Should I get a disability representative or lawyer in North Carolina?

Who can provide disability representation in North Carolina?

Hiring a Qualified Disability Lawyer in North Carolina

How do Disability Lawyers in North Carolina get paid their fees?

Denied for disability in North Carolina, should I get an attorney or representative?




Disability attorney fees in NC - paying your lawyer or representative

How does a disability lawyer or representative get paid in North Carolina?

How much does the fee cost for a disability attorney in North Carolina?

Do you pay your disability lawyer in North Carolina or does Social Security pay the fee?

Will your North Carolina disability lawyer charge you upfront for taking your case?

Will your NC disability attorney charge you for any expenses other than the main fee?




NC disability hearings

What kind of decision will you get at a disability hearing in North Carolina?

NC disability hearing - how long for a decision?

Do you have to go to a Social Security hearing in North Carolina to get approved for disability?

The disability hearing in North Carolina- things to keep in mind

How do you prepare for a disability hearing in North Carolina?