YOU CAN APPLY FOR DISABILITY ON THE BASIS OF ANY MENTAL CONDITION



You can apply for disability on the basis of any mental condition



 
You can apply for Social Security Disability and/or Supplemental Security Income disability (SSI) if you have a mental condition. Social Security does not differentiate between physical and mental conditions. You may apply for disability on the basis of any mental condition, including but certainly not limited to the following: depression, anxiety, panic attacks, bipolar disorder, personality disorder, memory loss, or any other type of cognitive or mood disorder.

Social Security uses the same five-step sequential disability evaluation process to determine disability eligibility for physical and mental impairments.

The first step of this evaluation process is an evaluation of your work activity. If you are working, Social Security must evaluate whether or not you are performing SGA. Substantial gainful activity, or SGA, is work activity at a level that social security considers self-supporting.

If you are working and earning over the monthly SGA monthly limit amount, it does not matter how severe your mental condition is--your disability claim will be denied.



If you are not performing SGA, they move to the second step. The second step determines if you have a severe medically determinable mental impairment (or physical impairment) and if your mental condition has lasted or is expected to last twelve continuous months.

Social Security uses treatment records from psychiatrists, psychologists, hospitals, physicians, or any other kind of medical professional to document the existence and severity of your mental condition.

If you have a severe mental condition, the disability examiner moves to the third step. The third step determines whether or not your mental condition meets or equals the severity requirements of an impairment listing. You may be approved for disability benefits at this step. If not, your ability to perform any of your past work (fourth step) and your ability to do other kinds of work (fifth step) has to be evaluated.

At this point, Social Security may consider your age, education, residual functional capacity (what you are able to do despite the limitations of your disabling condition), and the transferability of your job skills. If they determine that you cannot do any of your past work or any other kind of work due to the limitations of your mental condition, you may be approved for disability benefits through a medical vocational allowance.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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