An Introduction to Mental Disability and SSD

According to the government’s own Social Security Office of Retirement and Disability Policy figures, between 2001 and 2010, more than half of all claims were denied. Most lawyers who work with SSD clients will agree that those statistics have remained relatively consistent since, with denials being even higher for those with mental disabilities, which account for more than a third of all SSD claims nationally.

Mental disabilities, unlike their physical counterparts, carry unique challenges in the world of SSD. To be sure, the Social Security Administration (SSA) accepts applications for a wide variety of mental disorders under 11 categories that include neurocognitive disorders, depressive disorders, obsessive-compulsive disorders (OCDs), and autism spectrum disorders. However, obtaining much-needed benefits for individuals with mental disorders is hardly a cut-and-dried proposition.

The Challenge of Getting SSD With a Mental Disorder

Anyone with a mental disability has a disadvantage before SSD paperwork is ever filed. For instance, someone who is clinically depressed may not have the drive to even consider starting an application. Unlike a person with a back injury or other physical issue, the individual mired in a depressive state can find it difficult just to get out of bed or eat lunch, let alone log into a webpage or make a consultation with a lawyer to discuss SSD options.

Similarly, a person who has special needs due to an intellectual disorder may not be capable of fully understanding the SSD application process. In that case, the onus typically falls on family members to initiate claims, as long as the mental disability was diagnosed before the applicant was 18 years old. Again, even the most well-meaning loved ones can be too busy or overwhelmed to file, thus leaving potential SSD funding untapped.

Another major difficulty in obtaining SSD for a mental disability is the subjective nature of the condition, which often leads to skepticism. Mental disorders are not obvious, unlike the majority of physical ailments. MRIs and X-rays are virtually useless unless the brain has been severely damaged. The same holds true for most blood work results and other subjective tests.

Thus, proving a mental disability requires the words of trusted, trained therapists and psychiatrists, as well as a litany of other specialists who deal with these types of cognitive concerns. Even then, their input may be seen as unpersuasive, especially by a panel of SSD claim evaluators without backgrounds in psychological disorders.

Of course, despite these challenges, people can and do surmount the significant hurdles involved in getting SSD for a mental disorder. Not surprisingly, their success usually relies on getting professional help, having a spirit of determination, and not taking the first “no” they hear as a definitive answer.

Getting Closer to a “Yes” for a SSD Mental Disability Claim

Any SSD claim can be denied. That’s simply a fact, whether it’s for physical or mental disorders. Yet claimants (and their legal representatives, if applicable) can improve their odds by being able to counter any arguments against them from the get-go.

For example, applicants for mental disability SSD should not only visit physicians and therapists regularly, keeping appointments to offer a consistent course of medical treatment, but should ask for documentation of their conditions. This presents a track record of the mental disability and ensures it meets SSD’s criteria of activity for at least a year.

Additionally, SSD claimants should be prepared to prove that they can no longer function at any job comparable to the one they held for at least five out of the previous 10 years, despite staying on their prescribed medicine and therapeutic regimen. This will likely require letters from former employers, a social worker, or even former colleagues.

Ultimately, increasing a person’s chances of getting SSD for a mental disorder is all about due diligence. To be sure, even the best cases can end in a “no” decision, even after reconsideration and hearings. Yet it’s worth trying to get SSD benefits for anyone who suffers from a mental disability. Those individuals have paid into the system through their years of contributing to society. They deserve the opportunity to reclaim some of those monies to help during a difficult time when their mental disorder has made viable employment impossible.