Applying for disability benefits for a physical condition is a time-consuming task long before you begin receiving monthly payments. But filing disability claims for mental disorders can be considerably more difficult in Texas, where more than 70% of initial claims are denied.
Although the Social Security Administration does recognize mental illness as something that can cause long-term disability, you must be diagnosed by a physician, and meet the same criteria as any other injury or illness. The SSA awards benefits for a physical and/or mental disorder that prevents you from working, but only after a long process of medical treatments, documentation, applications, and a lot of waiting.
Mental Disorders
There are a wide range of mental disorders for which you may be able to receive disability, including:
- Autism spectrum disorders
- Affective disorders, such as depression and bipolar disorder, and aren’t considered brain injuries
- Anxiety related disorders, if you can show that they prevent you from working
- Psychotic disorders
- Substance abuse disorders
- Mental retardation
- Somatoform disorders, for which there is no obvious or discernable cause
- Organic disorders that affect the nervous system, such as dementia, Alzheimer’s, delirium
The SSA’s guidelines for mental disorder are contained in its book of policies known as the “Blue Book.”
Qualifying For A Mental Disorder Disability
Proving disability claims for mental disorders requires providing more than adequate documentation in your claim application. In it, you must provide:
- All sources of treatments, including names and contact information of doctors, hospitals, and other providers where you have sought and received treatments.
- The types of treatments you’ve received, as far back as you have evidence for. While the SSA considers “current treatment” to be within the last 90 days, “back pay” will require information dating as far back as you can provide to show how long you have been dealing with your condition. Without current treatments, there is no way for the SSA to understand that you are currently unable to perform substantial gainful activity (work.)
- Detailed work history, including companies, dates, job title and job duties, just as you would if you were filling out a job application.
You must have one severe impairment with considerable medical evidence (documentation) to support your claim for an approval. This impairment must affect you so severely that you are unable to return to any job you performed in the prior 15 years, and makes it impossible for you to do any other kind of “suitable work” at a level that brings in “substantial gainful activity” (SGA.)
Currently, that monthly dollar amount is $1,220, adjusted for inflation and before taxes. In other words, Social Security considers a “disability” to be the inability to work and earn at least that much for at least one year. If you’re earning more, your claim will likely be denied regardless of your condition.
Why You Need A Disability Attorney
Getting disability claims for mental disorders approved can be more difficult than a physical one. So it’s even more critical to not only have all your documentation for your claim, but to ensure that everything is done exactly right.
You may only be doing this once in your life, and will spend a considerable amount of time on it. A Houston disability attorney can not only help your chances of winning, he or she can also save you a considerable amount of time.
A disability attorney helps people every day get the benefits they need, and understands the laws, policies and procedures that govern the application and awards process. Instead of going into the claims process blindly, a Houston disability attorney will be your advocate through the claim process, and if necessary, appeals process. Claimants who are represented by an attorney have a much better chance of approval, either in the application process or in the appeals process.
Houston’s Disability Attorney
If you’ve been denied disability payments for mental illness, call us immediately. We’re ready to help.
We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or user our online contact form) to schedule your free consultation. There’s no obligation, and no up-front fees, and we only collect a fee if we win your case.
