Mental Health and Social Security14 Aug
Marken Law Group, PS, has helped hundreds with mental health disorders obtain benefits through the Social Security Administration. Below we explain, in summary, what the Social Security Administration is looking for with a mental health claim in order for you to obtain benefits.
The three fold analysis for any mental health claim for disability is 1) treatment via counseling 2) treatment via medication and 3) whether drugs and/or alcohol play a role. 1) Are you obtaining and have you obtained semi-consistent counseling? More importantly is your provider making good notes on your sessions? In evaluating disability, the Social Security Administration has to have medical records concerning an impairment/diagnosis over twelve months in duration. If you are not obtaining counseling/therapy for your mental health you are at a severe disadvantage to obtaining disability benefits through Social Security. If you are receiving therapy/counseling, is your provider taking notes and are those notes available? Many times mental health providers do not take adequate notes and this will hurt your disability claim. 2) Are you taking mental health medication? If not, why not? If the Social Security Administration calls a mental health expert to testify, or during review of your records at Division of Disability Determinations, they MIGHT make the assumption if you are not on mental health medication that either your problems are not as severe as alleged or your symptoms could be alleviated if you took the medication. 3) Are drugs and/or alcohol a factor? While alcohol is legal, and marijuana in some states (not federal), these along with illicit drugs can play a large factor in you being denied benefits if applying alleging mental health disabilities. The Social Security Administration is tasked to investigate, through your medical records, whether DAA play a material role in your disability. If you are alleging mental health disabilities but it is noted in your medical record you drink frequently, have abused prescription drugs in the past, or are currently using any illicit drugs or marijuana, the decision will likely come down that drugs and alcohol, if stopped, would improve your mental health.
One final factor in obtaining disability benefits through the Social Security Administration for mental health is a treating source statement specifically tailored for mental health tailored for Social Security. If your counselor/psychologist completes the forms, any Social Security attorney would have these tailored forms, it can go a long way to obtaining you benefits.
Marken Law Group, PS, handles all cases from initial filing to administrative hearings. We have forms specifically tailored to your mental health diagnosis and have obtained benefits for hundreds just like you. No benefits, no fee. Call for a free consultation today!