TIPS ON WINNING YOUR NEVADA MENTAL HEALTH CASE
WIN SSD BENEFITS FOR MENTAL HEALTH IN NEVADA
Nevada mental health SSD benefits are available for you. Cannon Disability Law can help you win SSDI and SSI benefits for your mental condition. In order to win benefits for mental health from the Social Security Administration (SSA) you need treatment. There are many low cost and sliding scale treatment options. Also, there are free treatment options in Nevada.
The best thing you can do for your SSDI case is seek treatment. Because treatment creates medical records. And, believe it or not, medical evidence is the key to winning disability benefits. Treatment includes medication, therapy, and possibly the care of a mental health doctor and counselor.
If you qualify as low income, then you may win Medicaid benefits. Medicaid benefits cover many health services. They also cover medications. Learn information about Medicaid benefits. We also have Medicare benefit information. Finally, we also have a list of secrets that can help you win your SSD benefits.
NEVADA MENTAL CASE SHOWS YOUR DOCTOR’S OPINION IS DUE GREAT WEIGHT
The Nevada case, Ryan v. Commissioner of Social Sec., 528 F.3d 1194 (9th Cir., 2008), is important for those people who have a mental health case. In the Ryan case, the ALJ disregarded the medical opinion of Ryan’s Nevada treating mental health doctor. Ryan’s doctor found she had mental health issues that would impact her at work. For example, the doctor found she had panic attacks, anxiety, and depression. Her doctor also found she could not work due to these problems and said her condition was getting worse.
The Administrative Law Judge (“ALJ”) in the case, did not give full weight to the opinions of two psychologists who examined Ryan. The ALJ said their opinions were too heavily based on “subjective complaints.” The ALJ also said the opinions were not consistent with the records of the treating doctor and a family practitioner.
The 9th Circuit, however, found the records of Ryan’s treating doctor, if anything, was in line with the assessment of the psychologist. The psychologist stated that Ryan, with her mental illness, could not working a regular work schedule.
ALJ MAY REJECT TREATING DOCTOR REPORT FOR CLEAR AND CONVINCING REASONS
An ALJ in Nevada may reject the opinion of your doctor if clinical evidence contradicts the opinion. Bayliss, 427 F.3d at 1216. But an ALJ does not provide clear reasons for rejecting the opinion of a treating doctor by questioning the credibility of the complaints. Especially when the doctor does not discredit those complaints and supports his ultimate opinion with his own observations. Edlund v. Massanari, 253 F.3d 1152, 1159 (9th Cir.2001) (“In sum, the ALJ appears to have relied on her doubt’s about [the claimant’s] overall credibility to reject the entirety of the report from the doctor, including portions that the doctor deemed to be reliable.”).
There is nothing in the record to suggest that Dr. Randhawa did not believe Ryan’s description of her symptoms. Nor was there anything in the record which showed Dr. Randhawa relied on those descriptions more heavily than his own clinical observations in coming to the conclusion that Ryan could not work a regular work schedule. Regennitter v. Comm’r Soc. Sec. Admin., 166 F.3d 1294, 1300 (9th Cir.1999) (substantial evidence did not support ALJ’s finding that examining psychologists took claimant’s “statements at face value” where psychologists’ reports did not contain “any indication that [the claimant] was malingering or deceptive”). Ryan v. Commissioner of Social Sec., 528 F.3d 1194 (9th Cir., 2008).
TREATING DOCTOR REPORT MUST BE READ IN CONTEXT
The Court states that the statements from the treating doctor must be read in context of the overall picture. For example, if a person who suffers from severe panic attacks, anxiety, and depression makes some improvement, it does not mean their symptoms no longer impact their ability to work.
Many ALJ’s pick and choose among the medical opinions of doctors. They reject some medical opinions for no legitimate reason. And some, they accept as credible and then use it as evidence that supports their decision. This is not right.
An ALJ should weigh the medical opinions in context with the other medical evidence. Additionally, the Nevada ALJ should compare the medical opinion of the doctor against the progress notes. This will show the credibility of the opinion.
IN NEVADA MENTAL CASES THE MOST RECENT MEDICAL REPORT IS THE MOST IMPORTANT
For these reasons, the Court found the ALJ also erred by discrediting the most recent mental health assessment by Dr. Crisp. Dr. Crisp found Ryan had major depression. This diagnosis is not at odds with other treating records that characterize Ryan as suffering from chronic depression and anxiety in the visit closest in time to Dr. Crisp’s diagnosis. Regennitter, 166 F.3d at 1299; see also cf. Young v. Heckler, 803 F.2d 963, 968 (9th Cir.1986) (“Where a claimant’s condition is progressively deteriorating, the most recent medical report is the most probative.”). And like Dr. Randhawa, Dr. Crisp’s diagnosis also relied on his clinical observations of Ryan.
Most importantly, the 9th Circuit held that the ALJ’s decision was not based on substantial evidence. Therefore, because the record supports Dr. Randhawa’s assessment that Ryan could not work, the Court sent the case back to the SSA for an immediate award of benefits. Sprague v. Bowen, 812 F.2d 1226, 1231-32 (9th Cir.1987).
This case tells us it is crucial to have doctor support when filing for SSD benefits. Make sure your treating doctor is willing to write a letter to the SSA about your mental health symptoms. The letter from your doctor should revolve around the Part B and Part C criteria of the mental health listing. You can send the Part B criteria and the Part C criteria to your treating doctor.
Your treating medical records are the most important weapon in your fight for benefits. We know how to argue a mental health case for you in front of your Nevada judge. If you have a mental health case, contact our SSD law firm today. We can help you win benefits.
YOU MUST OBTAIN YOUR MEDICAL RECORDS FOR THE SSA
Medical record evidence is the single most important evidence in your SSD case. Building that medical evidence is the best thing you can do to help yourself win SSD benefits. At our law firm, we help you build your case.
Unfortunately, many people who apply for SSDI and SSI benefits do not understand this simple fact. Instead, they think they can explain their medical symptoms to a judge. Then, they think their explanation will win the case. Nothing could be further from the truth.
The law requires the judge to find objective evidence of a severe medical condition in your records. The judge must determine if you have a “severe impairment.” This is the finding that will allow the judge to continue with his analysis of your case. If the judge cannot find evidence of a severe medical condition in your medical records, then you will not win. Instead, the judge will find that no objective medical evidence supports your testimony. You will, therefore, lose your case.
This is why it is crucial to obtain your medical records. Without them, there is no way to win your case. In Nevada, you are able to obtain your medical records for free or at a low cost. Also, in Nevada, there is free health care for mental and physical conditions. We recommend you look up free Nevada mental health resources.
YOU CANT WIN SSD BENEFITS WITHOUT MENTAL HEALTH RECORDS
In order to win SSD benefits for a mental illness, you must have medical records. This means you will need to obtain a mental health provider, like a doctor or a counselor, or both. Then, you will need to meet with your doctor for medications. If the medications don’t work for you, then you will need to try another set of medications. The SSA will not award you benefits if you are not getting medical treatment.
Next, you must also get therapy from a counselor. There are many types of counselors. However, you will need to visit one that has a degree in mental treatment. The SSA, for example, does not accept counseling records from a “life coach.” Usually your counselor works with your doctor to provide the best treatment available for your mental health condition.
The SSA is looking to your medical records to see if you can work. If your records only show a couple of months of treatment, then the SSA will give them no weight. Also, if you continually switch counselors because you don’t like what they say, then you will be seen as failing to follow treatment advice.
The goal of treatment is to try to get better. If you don’t get better, then your mental symptoms prevent you from working. Your counselor and doctor can submit statements to the SSA that you cannot work. This will help you win your benefits in Nevada.
HIRE US FOR NO UPFRONT FEE TO WIN YOUR NEVADA MENTAL HEALTH CASE
We will use our skills to help you through the five step Social Security process. For example, we will help you apply and appeal any SSA denial. It is our goal to win your case. But, it also our goal to make it easier for you. We offer a free review of your case. There is no obligation to become a client if you call.
It also doesn’t cost you any money to hire us. Why? Because you only pay us an attorney fee if we win your case. This means if we win you case, then you pay us out of your back benefits. If you do not win, 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. You never pay more than the cap. And, 25% of your back benefit is usually less than the cap. You pay the lesser amount between the two and only if you win benefits. Learn about attorney fees in SSD cases.
If there are costs in your case, then you pay them. You pay them because they are your costs. By law, attorneys cannot pay your costs. However, your costs are usually less than $100. Most doctors don’t charge more than $25 to $50 for copies of records. You will owe the cost for medical records whether we win or lose your case. But, you pay attorney fees out of your past due benefits.
However, you do not pay anything from your future benefits. To hire most lawyers, you have to pay upfront. We don’t work like that. When we win your case, you pay the attorney fee. Let us help you win your Nevada mental health case.
