How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

Will you need an attorney for disability if you have a mental condition?

While some may argue the necessity of representation on a disability claim at various points in the process, some individuals will clearly need an attorney for disability if they have a mental condition that either A. impairs their ability to comprehend the disability application process or B. impairs their ability to follow-through on applying for disability or appealing a disability denial.

Why might this be the case? In a prior post, I mentioned a situation involving a woman who had attempted to apply for disability based on depression, but had not been able to follow through and complete the necessary paperwork due to her condition. In her case, she would have benefited from early representation.

However, there are other examples of individuals with a mental condition who would have benefited from the involvement of a disability attorney.

1. Individuals with attention deficit.

2. Individuals who have suffered a stroke and have comprehension and memory deficits as a result.

3. Individuals who have conditions that may involve a mental fog, such as fibromyalgia.

4. Individuals who have low IQ, MR, or have low literacy.

5. Individuals with bipolar disorder or other mood disorders.

How will a Social Security Representative or lawyer help your claim?

Having representation can avoid situations where a case might drag on needlessly due to simple things like not returning or completing paperwork.

An attorney can substantially assist your claim by making sure that all of your appeal paperwork is filed timely and correctly. A fairly large percentage of individuals who apply for Social Security Disability or SSI either do not return their appeal forms on time, or leave out information that would be helpful to winning their case.

However, case preparation is the primary benefit of representation. And the level of the system at which most disability lawyers or Social Security representatives improve their client’s chances of winning disability is the administrative law judge disability hearing.

Once you are at the hearings level, your lawyer will make an argument for approval based on your medical evidence, work history, functional limitations, educational background and age.

The "case theory" that is advanced to the administrative law judge presiding over the hearing will be based on Social Security administrative law and procedure, which includes applicability of grid framework rules (the grid rules direct decisions on the majority of claims), the code of federal regulations, the sequential evaluation process used by both examiners and judges, and the various SSRs (Social Security rulings) that may apply.

The lawyer, or representative, will attempt to secure an approval of your claim by either proving that you have a medical condition that meets a listing in the Social Security list of impairments, or by proving that your medical condition limits your functional abilities to the extent that you cannot return to any type of work activity that allows you to earn a substantial and gainful income.

Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state

Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?

New and featured pages on SSDRC.com

Who can help me file for disability?

Related pages:

How to File for SSI
How long does it take to get a disability approval letter?
Disability requirements and how to file in Illinois
How do I apply for disability, when
What is the Application Process for Social Security Disability and SSI?
Disability requirements, eligibility, criteria
How do you Apply for SSI?
Determining Social Security Disability and SSI eligibility
What Forms Do You Use to File For Social Security Disability?
How a Social Security Disability or SSI award is made
What medical conditions do they Award Disability Benefits for?

These pages provide answers to basic questions about pursuing disability benefits

What Mental Problems Qualify for Disability?
Disability for a mental condition
Tips for Filing for disability
Financial Help Filing For Disability
Checklist for filing for disability, SSI or SSD
Qualifying for disability benefits, how to qualify for SSD or SSI
Filing a disability application: the steps
Disability award notice, how long it takes to get benefits
How to Apply for Disability - Where do I go?
What makes you eligible to get disability?
How to check my disability claim status?
Can a disability attorney speed up a disability case?
SSI disability Award Letter
How long to get approved for disability?
How to apply for disability benefits
How long does disability back pay take?
What are qualifications for getting disability?
What medical conditions can you file disability for?
Disability Lawyer help questions
Social Security Attorneys, Disability Representatives

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.