UNDERSTAND, REMEMBER, AND APPLY INFORMATION IN SSD CASES

HOW THE SSA EVALUATES MENTAL IMPAIRMENTS

Understanding, remembering and applying information are crucial to your mental health claim for SSD benefits. When you apply for SSD benefits, the SSA looks at how your mental health affects your ability to function. If you have depression, anxiety, or another mental condition, then your symptoms may affect several areas of mental function.

The SSA examines four areas under Part B of the mental health listing. These areas include your ability to understand, remember, or apply information. The other sections include your ability to interact with others. They also include your ability to concentrate, persist, or maintain pace and adapt or manage yourself.

This article focuses on just one area of the Part B criteria: your ability to understand, remember, or apply information. Although the SSA groups these three abilities together, they examine them separately. If you have a marked deficit in even one of them, then you have met that portion of the B criteria.  Therefore, you may have difficulty with one ability, two abilities, or all three.

Understanding what the SSA looks for will help you recognize which details need to be part of your medical records. Additionally, it helps you explain how your mental condition affects your daily life and your ability to work.

UNDERSTAND THE FIVE POINT SCALE FOR MENTAL HEALTH

The SSA evaluates the effects of your mental condition on each of the four areas of mental function based on a five point rating scale. The scale consists of these ratings: none, mild, moderate, marked, and extreme. To satisfy the Part B rules, your mental condition must result in an extreme limitation of one, or a marked limitation in two of the Part B areas of mental function. Under the listing, the five rating points are as follows:

1. 1. No limitation (or none). You are able to function in this area in a manner that is independent, appropriate, effective, and you can do so on an ongoing basis.
   2. Mild limitation. Your function in this area is independent, appropriate, and effective. But, on an ongoing basis is slightly limited.
   3. Moderate limitation. Your function in this area independent, appropriate, and effective. However, on a ongoing basis it is fair.
   4. Marked limitation. Your function in this area independent, appropriate, and effective. But, on a sustained basis it is seriously limited.
   5. Extreme limitation. You are not able to function in this area. You are not independent, appropriate, or effective on an ongoing basis.

HOW TO FILE FOR SSD BENEFITS 

If you have a mental health condition that keeps you from working for over one year, then you should file an application for SSD benefits. There are two types of benefits you can file for under the Social Security program:  Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. In order to receive benefits, you must first file an application on the Social Security’s website. Below is an explanation as to each type of benefit you can apply for:

Social Security Disability Insurance (SSDI):  

SSDI benefits are for those who have earned enough work credits. A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The number of work credits you need will depend on how old you are when you file your application. If you don’t have enough work credits for your age at the time you apply, then you can only file for Supplemental Security Income benefits.

Supplemental Security Income (SSI):  

SSI is a needs based benefit for people with little to no income, such as children and the elderly. An individual with greater than $2000 saved cannot receive SSI benefits. Additionally, the SSA looks at your income and also counts the income of those you share expenses with. Therefore, if you are married and your spouse earns over $5000 a month, then you do not qualify for SSI benefits, even if you have a severe mental condition.

WHAT DOES THE SSA MEAN BY UNDERSTAND, REMEMBER, OR APPLY INFORMATION?

The SSA evaluates how well you learn, recall, and use information to perform work activities. This includes following instructions and learning procedures. It also includes your ability to solve problems, recognize mistakes, and make decisions.

However, these abilities are not the same. You may understand an instruction when someone explains it but struggle to remember it later. Alternatively, you may remember a rule but not be able to apply it when the situation changes.

For example, imagine that your boss explains how to handle a customer complaint. You understand the instructions during the conversation, but you cannot remember the steps afterward. You may also remember every step yet struggle to decide which step applies to an unusual complaint.

These problems can affect your ability to perform a job, even when you have the necessary skills and experience. Therefore, the SSA considers how your mental condition affects each ability. Your medical records need to show the nature and extent of these mental difficulties.

1. UNDERSTAND: CAN YOU COMPREHEND INFORMATION?

Understanding means you can take in information and grasp what it means. At work, this includes learning instructions, understanding procedures, and making sense of explanations. The SSA considers whether your mental health impacts your ability to understand information and use it in a work setting.

For example, your boss may explain how to process a refund, but you cannot grasp the steps. You may also struggle to understand a letter that explains changes to your job duties. Even after someone explains the same information several times, you may remain confused about what to do. These are common problems when you suffer from severe mental illness.

Additionally, understanding problems can affect tasks outside of work. For example, you may struggle to follow written directions for a new washing machine. Or, you may not understand instructions for a bank transaction. You may also have difficulty understanding the steps needed to renew a license or complete a form to apply for a job. If you cannot understand information then it can impact you in many different settings.

UNDERSTANDING: WHAT THE SSA LOOKS FOR IN YOUR MEDICAL RECORDS

The SSA looks for medical evidence that explains why you struggle to understand information. Your records may describe confusion, difficulty following instructions, or problems learning new tasks. Mental status exams and cognitive tests also provide useful information, depending on your mental health condition.

For example, your therapist may document that you need repeated explanations before you grasp a topic. Likewise, a psychological evaluation may show difficulty with your ability to reason or understand how to do tasks. Additionally, your treating doctor may describe how anxiety and depression affect your ability to process information.

Your records do not need to have every example in this article. But, they should contain examples of problems with understanding instructions and information. The SSA needs to understand the nature of your difficulties and their impact on your ability to work. Therefore, tell your treatment providers about specific problems you experience rather than simply saying you feel confused.

2. REMEMBER: CAN YOU RECALL INFORMATION WHEN YOU NEED IT?

Remembering means being able to recall information when necessary. You may understand something perfectly when you first hear it but struggle to recall it later. The SSA considers your ability to remember information needed to perform work activities.

For example, you may attend a staff meeting and understand the discussion. However, when you return to your desk, you cannot recall the assignments your boss gives you. You may also forget the steps in a routine procedure, even when you perform that procedure regularly.

Remembering problems can also affect tasks outside work. You may forget the details of a conversation with your doctor or lose track of instructions for buying tickets or playing a board game. Additionally, you may struggle to recall information you read shortly before taking a test. These examples help illustrate the difference between understanding information and being able to remember it later.

MEMORY: WHAT THE SSA LOOKS FOR IN YOUR MEDICAL RECORDS

The SSA considers medical evidence that describes memory problems and their effect on your ability to function on the job. Your records may include reports of how you forget instructions or can’t recall important events. They may also describe trouble learning new information or being able to apply your skills to new tasks. Cognitive tests can also show problems with learning and memory.

For example, your doctor may note that you repeatedly ask the same question during an appointment. Your therapist may document that you cannot recall important details from a recent discussion. Additionally, a cognitive test may show you have difficulty learning or that you can’t recall information after a delay.

Your own reports can also explain what happens at home. You could describe getting lost while driving to a place you have been many times. If you forget conversations, instructions, or important steps in everyday tasks, then describe these problems to your doctor. Give your doctor specific examples and explain how often these problems occur. This information helps your medical records reflect your actual difficulties rather than a general statement about poor memory.

3. APPLY INFORMATION: CAN YOU USE WHAT YOU KNOW?

Applying information means using what you understand and remember to complete a task, solve a problem, or make a decision. You may understand a rule and remember every step in a procedure but struggle to use that information correctly. The SSA considers your ability to solve problems and know when you have made a mistake at work. They will also look at your ability to use judgment for work related decisions.

For example, you may know how to enter orders into a computer system. However, when an order contains an error, you cannot figure out how to correct it. You may understand a written policy but struggle to decide how it applies to a particular situation. You could also struggle to learn new tasks that are based on the process for tasks that you already know how to do.

Problems with how to apply information can also arise in everyday life. You may understand how a budget works but not know which bills to pay first. Additionally, you may know the usual steps for preparing a meal but fail to adjust when an ingredient is missing. These examples show how a person can know the information yet have difficulty using it.

APPLY INFORMATION: WHAT THE SSA LOOKS FOR IN YOUR MEDICAL RECORDS

The SSA looks for evidence that helps explain your ability to use information in practical situations. Your records may describe poor judgment and difficulty solving problems. They may also show trouble planning steps and difficulty fixing mistakes.  A letter from your former boss can explain how your mental health impacted you at work. Your boss can explain how you were unable to understand or follow instructions.

Psychological tests and clinical observations can provide insight into these skills. For example, a psychologist may document difficulty with problem solving during testing. Your doctor can describe problems with planning and decision making. Additionally, your therapist may observe that you struggle to work through a problem, even after being given an explanation.

When you complete your Activities of Daily Living form you can explain specific problems that occur in daily life. Perhaps you cannot work out how to correct an error on a bill, compare two payment options, or follow the steps needed to resolve a routine problem. Therefore, explain what happens, what help you need, and whether someone must guide you through the task. These details help show how your mental health affects your ability to apply information.

4. WHY THE SSA TREATS THESE THREE ABILITIES AS ONE

Your ability to understand, remember, and apply information are distinct abilities, but the SSA groups them all within the Part B. The SSA evaluates the overall degree of limitation in this area. Your attorney can argue that the medical evidence shows a marked or extreme limitation in one or all three of these categories.

Consider a person who understands instructions but forgets them shortly afterward. Another person may remember instructions but struggle to use them when a problem arises. A third person may have difficulty understanding even simple explanations. Each person experiences a different problem, yet each problem can affect your ability to work and keep a job.

Additionally, the SSA directs the rating for this area according to the greatest degree of limitation among the three abilities. Therefore, serious difficulty with one ability can affect the rating for the entire area, even when the other abilities are less limited. This does not mean that any single difficulty automatically establishes disability. The SSA still evaluates the evidence and applies the relevant legal requirements.

5. WHAT DO MARKED AND EXTREME LIMITATIONS MEAN?

The SSA rates each Paragraph B area as having no limitation, mild limitation, moderate limitation, marked limitation, or extreme limitation. These ratings reflect how well you function in an independent and appropriate manner on an ongoing basis.

A marked limitation means your ability to function in that area is seriously limited. For example, you may struggle to understand or use instructions without frequent assistance, even when the task is familiar. The SSA considers the nature and frequency of your difficulties, the support you need, and the demands of the activities you perform.

An extreme limitation means you have profound limitation. It does not necessarily mean that you cannot perform every task related to your ability to understand, remember, or apply information. Instead, the evidence must show an extreme degree of difficulty in the area as a whole. The SSA considers all relevant evidence before giving you a rating.

For example, you may have schizophrenia and be admitted to a mental hospital. Prior to the admission you may have heard voices and believed you had special powers. Or, you may not have known your name or been able to discuss your past. Therefore, hospital records may show an extreme limitation in your ability to understand or remember information.

HOW DO THESE RATINGS AFFECT YOUR SSD CLAIM?

For most mental disorders that use Part B, you must show an extreme limitation in one area or a marked limitation in two of the four areas. You must also meet the medical requirements in Part A. The exact Part A requirements depend on the mental health listing for your condition.

Therefore, a marked limitation in your ability to understand, remember, or apply information may satisfy one part of the Part B test. However, you need a marked limitation in another area or an extreme limitation in one area to satisfy that test. The SSA also considers other rules that may apply to your particular listing.

If you do not meet a mental listing, then you can still qualify for SSD benefits. The SSA also evaluates your residual functional capacity (RFC), to determine what work you can perform despite your limitations. Problems with your ability to understand, remember, or apply information affects the kinds of instructions you can follow and the tasks you can perform. Therefore, it is up to your lawyer to explain at your SSA hearing, how your severe mental symptoms impact your ability to work.

6. UNDERSTAND HOW TO DOCUMENT MENTAL LIMITATIONS

Start by telling your doctors and mental health providers exactly what happens when you struggle to understand, remember, or apply information. Instead of saying only that you have trouble thinking, describe a specific event. Explain what information you receive, what difficulty you experience, and what happens as a result.

For example, you may explain that your boss gives you three instructions, but you cannot recall the second and third steps. Alternatively, you may describe how you understand a bill but cannot determine if you receive correct change. Additionally, explain whether written instructions, reminders, repeated explanations, or help from another person makes a difference.

Your records should reflect your actual abilities and limitations. Do not assume that one difficult day proves a marked or extreme limitation. Instead, describe your difficulties honestly and consistently so your doctor and therapist can document the problems they observe and the problems you report.

WE WORK FOR FREE UNTIL YOU WIN SSD BENEFITS 

If you have a mental health case, you should hire an attorney to help you win your benefits. Why? Because you need to provide for yourself and your family. A lawyer can help you win your SSD benefits using the Part B rules. Your chances of winning benefits triples when you hire an attorney with legal experience. In order to hire our law firm, all you need to do is contact us. We offer a free discussion about your case over the phone. Furthermore, it doesn’t cost you any upfront money to hire us.

You only pay us an attorney fee if we win your case. Therefore, if we win your SSD case, then you pay the attorney fee out of your back benefits. If you do not win, then you do not pay an attorney.

Additionally, the attorney fee has a cap or a limit. The SSA sets the limit of the attorney fee at 25% of the past due benefit or the maximum attorney fee cap. Whatever is less.

If there are costs in your case, then you pay those. But those costs are usually less than $100 and consist of paying for copies of your medical records. Once we win your case, the attorney fee comes from your past due benefit. In order to hire most lawyers you have to pay an upfront fee. We don’t work like that. You don’t have a job. So, the only way for you to pay us is for us to win your case. Call and see what we can do for you.

UNDERSTAND HOW OUR LAW FIRM WINS YOUR SSD BENEFITS

Mental conditions can affect your ability to understand, remember, and apply information in ways that are difficult to explain. You may know that something is wrong but struggle to describe how your symptoms interfere with everyday tasks and work duties.

At our SSD law firm, we help people understand the Social Security review process and the evidence needed to support their claims. We examine how your medical conditions affect your ability to function, including your ability to learn instructions, recall information, and solve problems.

In the past 35 years, we have won millions of dollars in ongoing and past due SSDI benefits for our clients. If you want to win benefits for you mental health, then you need to hire an attorney with the experience to win your case. Also, you need a lawyer to prove to the SSA that you deserve SSD benefits under their rules. Contact us today and we will help you use the Part B rules to prove your case.

If you have a mental condition that affects your ability to work, then we can help you understand your options. We represent people seeking SSD benefits in Utah, Nevada, Colorado, Idaho, and California. Contact us now to discuss your claim and learn how we can help.