ANTISOCIAL PERSONALITY DISORDER
WHAT IS ANTISOCIAL PERSONALITY DISORDER?
Antisocial personality disorder (ASPD) is a mental health condition in which a person is unable to relate to people and interact in society. Those with ASPD often have behaviors that can lead to legal trouble and the inability to keep a job. For example, if you have ASPD, then you may be impulsive and ignore safety rules. You may also disregard laws and social norms. Likewise, at work you may feel irritable and aggressive.
Your doctor can diagnose ASPD through a clinical interview and a review of your medical history. Your doctor will then compare your symptoms to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5). The DSM-5 outlines certain criteria that proves you have ASPD. In addition to having the symptoms, you must also have these behaviors since age 15. Or, since your teen years.
Studies show that almost 3% of the US population has ASPD. Studies also show that men are three times more likely to have antisocial personality disorder than women. Usually, when children have behavior problems they show signs of a conduct disorder. The symptoms of antisocial personality disorder lessen as people age. Therefore, it is possible to change negative behavior over time. However, many people with ASPD also have other mental conditions, such as depression and anxiety.
THE CAUSES OF ANTISOCIAL PERSONALITY DISORDER
There are several causes of antisocial personality disorder. In most cases, problems with behavior start in or stem from childhood. The following is a list of the possible causes of ASPD.
1) Genetic Factors
A higher incidence of ASPD and other personality disorders in family members suggests a genetic reason for the condition. Individuals with a family history of ASPD, conduct disorder, or other mental health conditions may be predisposed to developing the disorder themselves.
2) Environmental Causes
- Childhood Abuse and Neglect: Experiencing physical, emotional, or sexual abuse during childhood can increase the risk of developing ASPD.
- Unstable Family Life: Growing up in a home with conflict or poor parenting can contribute to the development of ASPD.
3) Psychological Factors
- Early Behavioral Problems: Children who show early signs of conduct disorder, such as lying, stealing, or cruelty to animals, are at a higher risk of developing ASPD later in life. Studies show that those without serious childhood behavior problems can outgrow those behaviors as they age. Marriage is another factor that helps ASPD symptoms remit. Over half of the people with ASPD who married as an adult improved. But, those adults with ASPD who did not marry were less likely to get better.
- Lack of Empathy: Problems with feeling empathy and emotional bonding with others can contribute to the development of ASPD.
4) Biological Factors
- Brain Structure: Scientists observe differences in brain structure and function, especially in areas that regulate behavior and impulse control, in those with ASPD. Abnormalities in the prefrontal cortex, which is responsible for making decisions and social behavior, may play a role in the disorder.
5) Socioeconomic Factors
- Poverty and Exposure to Violence: Growing up in poverty and exposure to violence can increase the likelihood of developing ASPD. These factors can contribute to antisocial behavior.
HOW TO FILE FOR SSDI BENEFITS FOR ANTISOCIAL PERSONALITY DISORDER
In order to win SSDI benefits, you must earn enough work credits to qualify for SSDI benefits. Usually, this means working on a full time basis for at least 5 to 10 years, depending on your age. If you don’t have enough work credits to qualify for SSDI benefits, then you might be able to apply for SSI benefits.
There are three ways to file an application for SSDI or SSI benefits:
- You can make an appointment to apply by phone by calling Social Security at 1-800-772-1213.
- Make an appointment to apply in person at your local Social Security office.
- File an online application on the Social Security website.
Also, you can also file an application for SSI benefits if you have a child with ASPD. You can use the above steps to file an SSI application. Be aware, however, that in addition to have an antisocial personality disorder, your child must meet the income and asset limits set by the SSA. SSI benefits are based on the financial situation of the family. If the parents make too much money each month, then the child cannot get SSI benefits. This is true even if they meet the disability rules for ASPD.
MEETING LISTING 12.08 FOR ANTISOCIAL PERSONALITY DISORDER
In order to win SSDI benefits, you must meet or equal listing 12.08 in the SSA’s Blue Book. The Blue Book is simply a list of severe medical conditions from the SSA. Antisocial personality disorder is under listing 12.08:
12.08 Personality and impulse control disorders with both A and B:
- Medical documentation of a pervasive pattern of one or more of the following:
- Distrust and suspiciousness of others;
- Detachment from social relationships;
- Disregard for and violation of the rights of others;
- Instability of interpersonal relationships;
- Excessive emotionality and attention seeking;
- Feelings of inadequacy;
- Excessive need to be taken care of;
- Preoccupation with perfectionism and orderliness; or
- Recurrent, impulsive, aggressive behavioral outbursts.
AND
You can meet the listing be providing medical records to the SSA that document the above symptoms. However, you will also have to document the Part B criteria. Learn more about how to win mental health benefits using Part B of the listing.
SSI BENEFITS FOR CHILDREN WITH ANTISOCIAL PERSONALITY DISORDER
Because children have no work history, they only qualify for Supplemental Security Income (SSI) benefits. However, the family of the child must meet the financial rules for the child to be paid SSI benefits. Learn about the financial rules for SSI benefits.
To qualify for SSI benefits, your child must have a personality disorder that has lasted for 12 months or more. The ASPD must also cause significant limitations in their daily function. To decide whether or not the child meets listing 112.08 (which is identical to the adult listing), the SSA will look at your child’s behavior at home, in school, and in public.
If you child does not meet the criteria under listing 112.08, then they could “functionally equal” the listing. To determine if your child equals the listing, the SSA looks at various domains (areas) of function. The SSA uses six domains to describe childhood medical conditions, like ASPD. In order for the SSA to pay SSI benefits, your child must have two “marked” or one “extreme” impairment in the six domains. Learn about the six childhood domains.
SSA’S DOCTOR CAN DOCUMENT YOUR ANTISOCIAL PERSONALITY DISORDER
During the appeal level of your case, the SSA may decide to schedule you for a mental health exam. The SSA schedules you to visit one of their doctors. You need to go to the exam. However, you do not have to pay for the exam. So, you will not have to pay to see the medical doctor who will document your antisocial personality disorder. Additionally, the doctor will not charge you a copay any other fee at the exam. The SSA is paying for you to visit one of their doctors.
However, if you don’t go to the exam, the SSA will deny your case for failure to cooperate. You don’t want that to happen. Use the exam to tell the doctor how the symptoms of your ASPD is making it impossible for you to work.
The SSA will send you a written notice in the mail about your exam. It will have the name of the doctor, the address, and the date and time of the exam.
If you cannot attend the exam, then call the SSA and inform them you have a conflict. Usually, they will give you a new appointment time so you can attend. Whatever you do, do not miss the exam. They will not give you a new exam time if you miss the exam without explanation.
YOUR OWN DOCTOR CAN PROVIDE MEDICAL RECORDS THAT SHOW ANTISOCIAL PERSONALITY DISORDER
When you first file an application for SSD benefits, you should include a copy of your medical records with your application. The burden of proving you should be paid benefits is on you. This is true even though the SSA will collect your medical records.
The reason you should submit your own records is that the SSA may not collect everything. For example, if you have antisocial personality disorder, then you may have been in the hospital for mental health. The SSA will probably not collect old records. However, these records are important to your case, because they confirm the beginning of your illness. They also show your ASPD diagnosis and should contain objective medical testing.
If you receive a denial at any stage of the process, then make sure the SSA has a copy of all of your medical records. You may receive a letter that states your doctor has not sent your records. The letter might only give 10 days to respond. Instead of worrying about the 10 day time frame, use your time to collect the records and submit them to the SSA. Additionally, you must submit all of your medical records at lead 5 business days prior to your hearing.
FIND A DOCTOR TO TREAT YOUR ASPD
If you need help getting your medical records, then contact us today. We can help you track down your medical records. Additionally, if you do not have a doctor to treat your antisocial personality disorder, then you need to get one.
For example, if you need medical help or counseling, and you cannot afford it, then we have a list of free resources:
- CALIFORNIA FREE AND LOW COST CLINICS
- COLORADO FREE AND LOW COST CLINICS
- IDAHO FREE AND LOW COST CLINICS
- NEVADA FREE AND LOW COST HEALTH CLINICS
- UTAH FREE AND LOW COST HEALTH CLINICS
Using these free resources, you could get treatment for ASPD from a counselor, nurse or doctor. They can also give you medication. Choose your state and call the free clinic for medical help. The resources on our lists will help you get the medical care you need. We also hope you use these medical resources to build the medical records to win your SSD case.
YOU ONLY PAY ATTORNEY FEES IF WE WIN SSD BENEFITS
The SSA has capped attorney fees in Social Security cases, including childhood SSI cases, at 25% of your past due or back benefit or $7200, which ever amount is less. The cap is going up to $9200 in November of 2024. This is the most your attorney can charge you after winning your case at the hearing level or below.
For example, if your attorney wins your child’s SSI case and your back benefit is $10,000, then the attorney fee will be 25% of the back benefit, or $2500. In such a case, you would not pay the $7200 cap (or $9200 after November 2024). Instead, the attorney fee is 25% of the back benefit, which is less than the cap. This is what happens in most childhood SSI cases.
In another example, if you attorney wins your SSI case and your back benefit is $100,000, the attorney fee is not $25,000, which is 25% of the back benefit. Instead, the attorney fee would be $7200 (or $9200 in November 2024). Because the cap is the most your attorney can charge you after winning your case at the hearing level or below. That is true even if 25% is higher than the cap.
Additionally, your attorney can only charge an attorney fee if they win your case. In other words, if you do not win your benefits, then you do not pay an attorney fee. So, if you don’t get SSI benefits, then your attorney works for free. Obviously, your attorney has a good reason to win your case. This type of attorney fee depends on winning your benefits. Learn about attorney fees in SSD cases.
IS IT WORTH THE ATTORNEY FEE TO HIRE AN SSD LAWYER?
It isn’t easy to get Social Security benefits and the application process can be frustrating for most people. But, having an attorney throughout this appeal process can help. It is our belief that when you have a law firm with experience handling your Social Security case, the SSA makes follows their own procedures.
Additionally, when you have an attorney with legal experience, they have access to Social Security’s decisions throughout the process. They can also submit medical evidence that may be missing from your case.
There is evidence that hiring an attorney with the proper experience raises your chances of winning your SSDI and SSI benefits by 30%. It is also smart to hire an attorney to help you at your hearing. After all, you are the star witness at your hearing. If you hire an attorney with experience, they can prepare you to testify in court. Learn how to prepare for your SSA disability hearing.
WHAT OUR LAW FIRM DOES FOR YOU
You do not have to obtain SSD benefits for antisocial personality disorder on your own. We can help file your SSD application. Also, we can help you through each of the appeal stages during the Social Security process.
When you leave that up to us, you can focus on your health. Our attorneys and staff can:
- Help you file your application for SSD and SSI benefits
- File an appeal if you receive an initial denial from DDS
- Collect your medical records
- Help you confirm your SSA Doctor Exam
- Request a Hearing with an Administrative Law Judge
- Prepare you to testify at your ALJ hearing
- Represent you at your hearing
- Question the expert witnesses
- Read about job expert testimony
- Learn about medical expert testimony
- Request review of an SSA decision with the Appeals Council
- Request review of an Appeals Council denial in Federal Court
If you file your SSD application online at Social Security’s website, then you have 6 months to complete it. It is best to complete the application quickly. You don’t want to run out the 6 month time limit.
HIRE US TO WIN YOUR SSD BENEFITS
If you need help winning your SSD benefits for antisocial personality disorder, then you have found the right law firm. You can learn more about the attorneys at our law firm on our About Us page.
For example, Dianna Cannon has been helping clients win SSD benefits for over thirty years. Additionally, Brett Bunkall and Andria Summers have also won thousands of SSDI and SSI cases.
Together, over the past 30 years, we have won over 20,000 SSDI and SSI cases for our clients. Our legal experts can help you file for SSD benefits using the SSA’s website. However, we will need your help to apply for SSI benefits. Because only you know your personal financial information. Also, when filing for SSD benefits, we need you to give us your medical information. For example, we will need the name, address and phone number of your doctors.
If you are at the point where need an appeal, then we can help you do that too. There are also many forms you will need to fill out. If you have questions about these forms, then we will answer them. You can learn about SSA’s appeal forms.
We want to help you through the five step SSA review process. Additionally, if you need benefits for antisocial personality disorder, then you need an attorney to help you prove your case. Call us today for help winning your Social Security benefits. Put our legal experience to work for you.
