BIPOLAR DISORDER AND SSD BENEFITS
Bipolar disorder is a serious mental health condition that can be disabling. If your mental health symptoms are severe enough that they keep you from working, then you might be able to win SSDI and SSI benefits. In order to win benefits, you must be off work for 12 months or more due to your mental health condition.
Bipolar Disorder is also known as Manic Depressive Disorder. Cyclic mania is one of the main symptoms of Bipolar Disorder. In other words, you will experience a period of extreme euphoria followed by a period of severe depression.
However, Bipolar Disorder is not just a mood condition. Instead, it is a mental condition that has symptoms of several mood disorders. Keep reading below to learn more about filing for SSDI benefits if you have Bipolar Disorder.
SOCIAL SECURITY DISABILITY BENEFITS AND SSI BENEFITS
Social Security Disability benefits are available for people with bipolar disorder who have paid into the SSA system. Find out more about how to apply for Social Security Disability benefits here. SSD benefits come with Medicare. Find out more about Medicare benefits here. Once you meet the work rules for SSDI, you will also need meet the medical rules for Bipolar Disorder. These rules can be found below in this article.
The other benefit the SSA provides is Supplemental Security Income benefits (SSI). SSI benefits are available for those who do not have a work history. Likewise, they are available for those who haven’t earned enough quarters of coverage to be eligible for SSD.
SSI benefits are also available for children who are below eighteen years old. Children’s disabilities have a different SSA listing than adults. Find out more about SSI benefits here. Usually, SSI benefits come with Medicaid. Many people need Medicaid benefits more than a monthly SSI check. Read here for more information about Medicaid benefits.
WHAT ARE THE TYPES OF BIPOLAR DISORDER?
There are four types of bipolar disorder:
- Bipolar I Disorder: this type includes manic episodes that last for at least seven days or that are so severe they require hospitalization. Depressive episodes usually last for at least two weeks.
- Bipolar II Disorder: this type has both depressive and manic episodes. However, the manic periods are less extreme than in Bipolar I Disorder.
- Cyclothymic Disorder: this type involves numerous periods of hypomanic symptoms and depressive symptoms that have gone on for at least two years. If a person has brief periods of depression and brief periods of hypomania, they may be experiencing cyclothymic disorder.
- Other Specified and Unspecified Bipolar and Related Disorders: this type involves bipolar symptoms that do not meet the criteria for one of the other diagnoses.
There are two types of Bipolar Disorder that the SSA considers when deciding whether to pay you benefits. They are Bipolar I and Bipolar II. The main difference between the two types of conditions and the severity of the symptoms.
SYMPTOMS OF BIPOLAR I DISORDER
Bipolar I disorder involves more severe mood episodes than bipolar II disorder, which has milder forms of hypomania. For the diagnosis of Bipolar I to apply, you must have at least one severe manic episode. A manic episode involves restlessness, feelings of extreme happiness, and an unusual amount of energy.
However, it also involves trouble concentrating, poor sleep, and involvement in risky behavior. The manic episode is usually so severe that you require hospitalization. Additionally, the symptoms are so severe that anyone who knows you would be able to tell that something is wrong. These symptoms are similar to those of Major Depression.
For example, if you are having a manic episode, you may run up credit card debt for expensive items, like a sport car or designer clothing. Another example of manic behavior is gambling with money that you do not have.
Sometimes, people in a manic episode engage in risky sexual behavior, like cheating on a spouse or having sex with multiple strangers. Manic episodes can also include a number of days in a row where you cannot sleep.
Another term to know is rapid cycling. This occurs when a person has more than four mood episodes within one year. There are other specific rules that must be met for someone to have this as part of their diagnosis. A mental health professional will be able to tell whether this might be part of your diagnosis.
SYMPTOMS OF BIPOLAR II DISORDER
Bipolar II disorder is different than Bipolar I. It is different because it involves a major depressive episode that lasts at least two weeks. Also, Bipolar II will involve at least one hypomanic episode. A hypomanic episode is a period of mania that is less severe than the manic episode outlined above.
If you have Bipolar II, your manic episodes will not usually require you to be put in the hospital. Untreated, an episode of hypomania can last anywhere from a few days to several months. Most commonly, symptoms continue for a few weeks to a few months.
Sometimes, at the outset of mental symptoms, Bipolar II is diagnosed as depression. The reason for that is mental symptoms usually cause a person to seek medical attention. It is only over time that the other symptoms of Bipolar II come to the notice of a treating mental health provider.
Almost anyone can develop Bipolar II disorder. Approximately 2.5% of the U.S. population suffers from some form of bipolar disorder, which is nearly 6 million people. People with Bipolar II disorder can benefit from medicine that levels out the highs and lows of mood disorder. Medications can prevent the negative consequences of hypomania and they also prevent episodes of severe depression. If you have severe symptoms of bipolar disorder than you should qualify for social security benefits.
TREATMENT FOR BIPOLAR DISORDER
Most people with bipolar disorder can be treated using a combination of different treatments. These treatments can include one or more of the following:
- Medicine to prevent episodes of mania and depression. These medications are known as mood stabilizers. Your doctor prescribes them. For example, Lithium is one medication that is often given by doctors to help control episodes of mania and depression. It is usually prescribed for at least 6 months. If you start taking Lithium, then stick to the prescribed dose. Do not stop taking Lithium, or any other medication, unless told to by your doctor. For lithium to be effective, the dosage must be correct. If it is not correct, then you may get side effects. If you have nausea or diarrhea when taking Lithium, tell your doctor immediately.
- Learning to recognise the signs of an episode of depression or mania, so that you can change your behavior as soon as possible or remove the trigger that starts the behavior.
- Psychological treatment, such as counseling on a weekly basis. This can help you deal with depression and provide advice on how to improve your symptoms.
- Lifestyle choices, such as getting regular exercise and doing activities you enjoy. Also, you can get advice on improving your diet and getting more sleep.
BIPOLAR DISORDER AND WINNING SSD BENEFITS
If you have Bipolar Disorder, then you might be eligible for SSD or SSI assistance. Social Security disability insurance benefits replace your income if you are unable to work due to a mental condition. If your Bipolar Disorder symptoms are severe enough that you cannot work, then filing for Social Security benefits is a good option.
In order to win benefits, you must have a mental diagnosis from a mental health doctor. Typically, your doctor must be a psychologist or psychiatrist. You will need their support if you hope to obtain benefits.
Additionally, you will need to see a therapist to provide ongoing counseling. Your treating doctors will need to document the progression of your illness in their medical records. Ask your treating sources to write down your symptoms in their records. You will also need to follow any treatment options they provide. Learn more about the importance of medical records in winning your case.
HOW DO YOU PROVE DISABILITY FOR BIPOLAR DISORDER?
To qualify for SSD benefits, your Bipolar disorder must meet very specific Social Security Administration rules. Under the SSA’s regulations, you must meet listing 12.04. Below, you will see the rules for listing 12.04. Specifically, pay attention to the language that talks about Bipolar disorder. If you need more information about how to prove the Part B criteria, read here.
Reading below, you can see that Bipolar disorder requires you to have three symptoms out of the seven on the list. For example, your symptoms would qualify if you have “inflated self-esteem, flight of ideas, and decreased need for sleep.” Please note, the SSA also uses listing 12.04 to address depression.
MEETING LISTING 12.04 FOR BIPOLAR DISORDER
12.04 Depressive, bipolar and related disorders, satisfied by A and B, or A and C:
- Medical documentation of the requirements of paragraph 1 or 2:
- Depressive disorder, characterized by five or more of the following:
- Bipolar disorder, characterized by three or more of the following:
AND PART B
- Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning:
OR PART C
- Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both:
- Medical treatment, mental health therapy, psychosocial support, or a highly structured setting that is ongoing and that diminishes the symptoms and signs of your mental disorder; and
- Marginal adjustment, that is, you have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life.
To qualify for benefits, you need to be working with a psychologist or psychiatrist to manage your illness. Your psychologist needs to explain that your symptoms are so severe that you cannot hold down a basic job.
THE MEDICAL EXPERT AT YOUR HEARING
At your hearing, there may be a medical expert who gives testimony as to whether your bipolar disorder meets or equals listing 12.04. You can learn more about medical expert testimony here.
Usually, the medical expert gives testimony in person at your hearing. However, they may also testify by video or by telephone. It is also possible for an ME to answer written questions after the hearing. These are interrogatories. They are sent after the hearing. Interrogatories require review and you might need to file objections. If you do not know how to do this, then hire an attorney. Do not make the mistake of not preparing for the medical expert.
Prior to your hearing, you can review the medical experts resume. If an ME is going to testify at your hearing, then they must submit a resume of their experience to the court. Your attorney can review those qualifications. If the medical expert is not qualified, the attorney can object to the appearance of the medical expert. Remember, at the hearing, the burden to prove disability is on you.
The ALJ will ask the ME to talk about the severity your bipolar disorder. The ME will do so and also cite to the record to show the judge if the medical evidence supports your severe mental symptoms. Finally, the ME will testify as to whether or not your condition meets or equals an SSA listing.
Additionally, the ME can testify about your residual functional capacity (RFC). The ME’s testimony will be based on your medical records. Your RFC is important because if you do not meet or equal a listing, then the vocational expert will use your RFC to determine if you can work.
USE YOUR RESIDUAL FUNCTIONAL CAPACITY IF YOU DO NOT MEET LISTING 12.04
If you do not meet listing 12.04, it is still possible to obtain benefits by using your residual functional capacity (RFC). Once the SSA determines that you do not meet or equal the listing, then they must examine your mental residual functional capacity (MRFC). The judge will determine your RFC and ask hypothetical questions to a vocational expert. The vocational expert testifies whether someone like you can or cannot work. Learn more about vocational expert testimony here.
Your mental RFC shows how your bipolar symptoms impair your ability to work. For example, your bipolar disorder may prevent you from following directions at work. It may also prevent you from making decisions and getting along with other people.
These types of mental symptoms should be in the progress notes of your treating doctor. Typically, your doctor will also rate your mental symptoms as mild, moderate, marked, or extreme.
The SSA will determine your mental RFC, based upon your medical records. They may also send you to one of their doctors for testing. Learn more about the SSA’s consultative examination here. If the SSA finds that you cannot perform unskilled work, then they may grant you benefits under a “medical-vocational allowance.”
TREATMENT FOR BIPOLAR DISORDER
Psychotherapy, or “talk” therapy, is an important part of treatment for bipolar disorder. During therapy, you can discuss your feelings and the behaviors that cause you problems. Talk therapy can help you understand the symptoms that hurt your ability to function in your life and job. It can also help you stay on your medications.
There are many forms of therapy that may help treat your bipolar mental health condition. Some examples include:
- Behavioral therapy. This focuses on behaviors that lower your stress and negative emotions.
- Cognitive therapy. This approach helps you learn to identify and change negative patterns of thinking that can come with mood swings.
- Interpersonal therapy. This helps you focus on relationships and reduces the strain that mental illness may place upon your relationships.
- Social rhythm therapy. This form of treatment helps you develop and maintain a normal sleep schedule and daily routines.
- Support groups. These are group meetings, where you can talk to others and you have a counselor to help your deal with your mental symptoms.
If you don’t have medical insurance, you may need free mental health treatment. Learn more about free and low cost mental health resources in Utah. Additionally, we also have a list of free and low cost mental health resources in Nevada on our website.
MEDICATIONS FOR BIPOLAR DISORDER
When you receive treatment for bipolar disorder, you will likely be given medications. Mood stabilizers are medicines that treat and prevent highs (mania) and lows (depression). They also help to keep your moods from interfering with work, school, or your social life.
Examples of medications include:
- Carbamazepine (Carbatrol, Epitol, Equetro, Tegretol)
- Divalproex sodium (Depakote)
- Lamotrigine (Lamictal)
- Valproic acid (Depakene)
Make sure you obtain medications from a doctor who understands your mental health symptoms. Always comply with your medication treatment and follow your doctor’s orders. Like many mental conditions, it may take time for your medications to take effect and help your bipolar disorder. Give your medications a chance to work and, if they don’t help, then you can try a new medication. Also, you can try other treatments to help your bipolar symptoms.
HOW DO YOU APPLY FOR DISABILITY BENEFITS?
STARTING YOUR DISABILITY CLAIM
To file an application for disability benefits, you either call the SSA at 1-800-772-1213 or file online. It is easy to file an online application on the SSA’s website. When you file your SSD application, make sure you include a good description of your bipolar symptoms. Also, make sure to file your application as soon as possible after you stop working.
SSDI & SSI benefits are tied to the date that you file your application. If you do not file your application quickly, you are losing out on benefits. Find out more about past due disability benefits here.
You will also want to write about how your medical condition affects your daily life. For example, chances are that it affects your ability to get along with family and friends. Likewise, it may also impair your ability to make decisions, focus, and complete tasks, especially at work.
Make sure that you explain how often you have manic episodes. Write about how long your panic attacks last. If you lost a job due to your panic attacks or other mental symptoms, then tell the SSA. Also, do not forget to discuss the symptoms of your depression, such as being unable to sleep, fatigue, and thoughts of suicide.
Additionally, if you also have a physical condition that impacts your ability to work, make sure to include it on your application. The same is true for other mental health conditions. For example, if you have anxiety or PTSD, tell the SSA. If you have more than one condition, say so in your application. Don’t focus on one medical condition and exclude the others.
CONTACT CANNON DISABILITY LAW FOR HELP WITH YOUR BIPOLAR DISORDER CASE
A qualified attorney can help you learn more about applying for benefits. Working with an attorney will help you make sure you have a strong case for benefits. If you hire Cannon Disability, we will make sure your application is complete.
Likewise, we will appeal any SSA denial. We will also help you collect your medical records. Also, we will prepare you to be a better witness at your hearing. At your hearing, we also question the medical expert and vocational expert. These experts attend the hearing at the request of the SSA judge.
The judge can hire a medical expert to attend your hearing. Typically, the medical expert is a psychologist who comes to testify in the hearing that is about your mental condition. You will need an attorney to question the medical expert or object to testimony. The judge can also call a vocational expert (VE). The VE’s testimony will be about the kind of jobs you might be able to do with your mental condition. Learn more here about why a vocational expert attends your hearing.
Applying for benefits can be a difficult process. Hiring a legal team with experience to help you through the process is a great choice. This will make the application process easier for you. If you think you need the assistance of legal professionals, then let us help you. Additionally, we offer a free review of your case. It costs nothing to call and ask your questions.
CONTINGENCY FEE MEANS YOU DON’T PAY AN ATTORNEY FEE UNTIL WE WIN YOUR CASE
Another important fact for you to know is that we work on a contingency fee basis. This means that we do not charge you an attorney fee until we win you benefits. If we do not win your case, then you do not pay an attorney fee. How much is the fee? It is 25% of your back benefit.
Also, the fee is capped at $7200. The cap may go up in the future. However, even if they raise the cap, you do not pay more than the cap in attorney fees. And, 25% is usually less than the $7200 cap. You pay whatever amount is less between the attorney fee cap and 25% of your back benefit.
If there are costs in your case, then you pay for those costs. But, the costs are usually less than $100. You must also pay to obtain a copy of your medical records.
The cost of your medical records is whatever your doctor charges for them. You will owe costs whether we win or lose your case. To hire most lawyers, you have to pay a fee upfront. However, you can’t do that because you don’t have a job. We understand that. Which is why you only pay an attorney fee if we win your benefits case.
LEGAL EXPERIENCE COUNTS
At Cannon Disability Law, our attorneys have over 30 years of experience helping clients. Learn more about our lawyers on our About Us page. Our goal is to win your benefits for you, so that you have an income now that you cannot work. During our 30 year in business, we have won our clients over $100 million in past due and ongoing SSDI and SSI benefits. We can help you too.
If you are seeking the best Utah disability attorney, then read here to learn more about our firm. Cannon Disability Law is also known as one of the best SSD and SSI law firms in Las Vegas, Nevada. Learn more about winning Nevada disability benefits here. We are also known as one of the best SSD attorneys in Salt Lake City, Utah.
We also represent clients in Idaho. In fact, Brett Bunkall, one of our attorneys is licensed to practice law in Idaho. If you need more information about how to win benefits in Idaho, read here. Dianna Cannon has a state bar license in Utah, Nevada, Idaho and Washington state. Our law firm also has clients in California. Learn more about California SSD benefits here.
At Cannon Disability, it is also our goal to make getting benefits easier for you. Don’t go to court without an excellent attorney. Your future income, for yourself and your family, is at stake. You need to hire a firm that is on your side. After all, you paid for your benefits. They are not a handout. The benefits are there for you when you cannot work. We want to help you win the Social Security benefits you deserve. Contact us today. We can help.