Mental Disability Attorneys in Utah & Nevada

DOES YOUR MENTAL CONDITION WIN SSD BENEFITS?

If you have a mental illness and need Social Security benefits, then the SLC attorneys at Cannon Disability Law can help you. Mental illness that keeps you from working for over 12 months can win SSD & SSI benefits. Perhaps you lost your job because you had a panic attack at work. It is also possible that you cannot get along with others because of anxiety.

Likewise, you may have lost your job because you were too depressed to go to work. You may have been struggling with mental symptoms from anxiety for years. Perhaps you have never been able to sustain a job. Or, maybe you have been fired from jobs after you worked for a short time. Problems with your work history can be due to mental illness.

If this sounds familiar, are you seeing a counselor or doctor? Have you been in the hospital due to mental illness? Are you on mental health medications?  Do your mental symptoms stop you from getting along with others? Does they keep you from sticking to a work schedule? If so, you might qualify for Social Security benefits.

WHAT EVIDENCE PROVES MENTAL ILLNESS ?

Mental illness can result in being unable to work. But, in order to be paid benefits by the SSA your mental illness must be severe. Additionally, your mental health condition must prevent you from working at any job for at least 12 months or more.

In order to win benefits, you will also need medical records about your mental health from your treating sources. Your mental sources should include a counselor, psychologist, and doctor. For example, you will need progress notes and statements from your treating sources to prove you cannot work. Likewise, weekly therapy notes from a counselor are helpful.

For example, weekly sessions about how your mental conditions impair your ability to work will help your case. Those records should also discuss if you are able to do your daily tasks. Your struggles with panic attacks, crying spells, and mood swings need to be part of your therapy notes. Also, ask your counselor to write a letter about why your mental health prevents you from working.

If you have ongoing mental health treatment and support from your counselor and doctor, it will help qualify your for SSDI and SSI benefits

GET FREE TREATMENT FOR YOUR MENTAL ILLNESS

Many people have mental illness and physical conditions that qualify them for monthly SSD payments.  However, benefits are only available for those who get treatment. If you have mental illness, seek treatment from a counselor. If you have insurance, you can also hire a psychologist.

Even if you don’t have enough money to get treatment for your mental condition, there is a solution. Free and low cost health clinics can be found on our website. Call the clinics in your area. Then, ask if they will treat you for free. Or, ask if they will give you a low cost payment plan. For example, some clinics or counselors may allow you to make monthly payments. You must have evidence to win your SSD and SSI case. And, medical records are the most important evidence. Find out about the importance of medical records here.

Anxiety or low mood due to pain from a physical illness, may prevent you from working. As such, all of your mental and physical issues should be part of SSA’s analysis. Contact our office. We can tell you whether or not you can win benefits.

We can also help you file your application with the Social Security Administration. It is easiest to file an application online on Social Security’s website. You cannot get benefits unless you apply. Therefore, every day you wait to apply for benefits is a day you are losing money that belongs to you.

LIST OF MENTAL CONDITIONS THAT QUALIFY FOR BENEFITS

The SSA has a List of Impairments called the Blue Book. The list includes many mental health conditions. In the past, the list was called the blue book. Now, you can read the list on SSA’s website. The SSA uses the symptoms on the list to determine if you have a mental illness that prevents you from working. For example, if you suffer from Depression, the SSA will compare your symptoms to the symptoms on the list.

Depression includes symptoms such as sleep trouble. You also might lose weight due to not wanting to eat. Also, you might have memory problems and crying spells. You could also have other symptoms such as weight gain or panic attacks. Your treating doctor should document all of your mental symptoms in their records. You can find a complete list of mental conditions on the Social Security Website.

Disability benefits are available for many severe mental health conditions including the following:

WHAT WE DO TO WIN YOUR MENTAL HEALTH BENEFITS 

You do not need to try to win SSD benefits on your own. We can help file your SSD and SSI application. Also, we can help you file an appeal after every SSA denial. That way, you can focus on your health and spending time with your family. Our attorneys and staff can:

• Send you the paperwork you need to become our client
• Help you file your application for SSD and SSI benefits
• Inform the SSA that the SSA should pay your benefits under the Compassionate Allowance Rules
• File an appeal if you receive a denial from DDS
• Help you confirm your free SSA doctor exam
• Request a Hearing with an Administrative Law Judge (ALJ)
• Prepare you to testify at the ALJ hearing
• Represent you at your hearing and question the expert witnesses
• Read more about job experts
• Learn more about medical experts
• Request review of an SSA decision with the Appeals Council
• Request review of an Appeals Council denial in Federal Court

If you file your application for benefits online at Social Security’s website, then you have 6 months to complete the application. However, if you have a medical condition that automatically wins SSD benefits, you should not wait to finish it. Once you submit your application online, the SSA sends you an application summary in the mail. You must sign the summary and mail it back.

Additionally, once you receive a denial from the SSA, you have 60 days to file an appeal. You must meet the time limit set by the SSA. If you do not, then you will have to start the process over again. That means you will lose any benefits you could receive on any prior application.

SSD BENEFITS & YOUR MENTAL RESIDUAL FUNCTIONAL CAPACITY (RFC)

If you are getting treatment for your mental health doctor, then you should also see a counselor. Weekly or monthly visits with a counselor can help you talk about your mental health symptoms. Counseling can also help you deal with past issues or current relationships. Additionally, your counselor can help you develop skills to deal with your mental health symptoms.

Treatment from a counselor on a regular basis can make the difference between winning and losing your SSD benefits. Because a counselor is going to know about your symptoms, such as being unable to sleep or whether you lost your job because you had memory problems.

Your counselor and your doctor can complete mental RFC forms that document your mental health on the job. For example, your doctor could state that due to anxiety, you must be able to take three extra breaks a day for 15 minutes. These breaks help you deal with stress. Likewise, your counselor could state that you are not able to get along with other people on the job, such as other workers, your boss, or the public. Then, your counselor could give examples of problems you have had dealing with others in the past.

This type of information is important when it comes time for the SSA to decide if you can sustain a 40 hour work week. If your mental health symptoms are severe, then chances are that they will interfere with your ability to stay focused, remember instructions, and deal with others. Having your doctor and counselor document your mental RFC can help you win your SSD benefits.

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