The short answer is "YES." Individuals can apply for Social Security Disability benefits based on a mental condition. The Social Security Administration will consider most mental conditions including, but certainly not limited to, anxiety, depression, bipolar, schizophrenia, and personality disorders. That being said, the decision as to whether you are eligible for Social Security Disability benefits does not come down to the diagnosis of a mental condition. Instead, the Social Security Administration will determine whether your mental condition meets a medical listing (per Social Security's rules and regulations) or prevents you from sustaining employment on a regular basis -- 8 hours a day 5 days a week.
To determine whether your mental impairment meets a medical listing or affects your ability to sustain a full-time job, the state disability agency (that is contracted with the Social Security Administration to make initial determinations regarding your disability) will send you, and often times third parties, questionnaires to complete regarding your daily activities. It is very important that you complete these questionnaires as accurately and comprehensively as possible so that you provide an accurate description of your daily activities. For this reason, it is often very beneficial to consult with an experienced Social Security Disability attorney as early as possible in the application process.
Along with completing questionnaires, the state disability agency will request and review medical records and often times arrange for you to attend a consultative examination with a mental health professional. These consultative examinations are short and often times provide inadequate descriptions of your mental impairments. However, the Social Security Administration will use these consultative examinations to deny benefits. For this reason, it is crucial for any individual applying for Social Security Disability benefits on the basis of a mental condition to document their condition by establishing a complete medical record with their own treating physicians. Moreover, when treating with a mental health professional for a significant amount of time, you can usually obtain statements from your physician documenting the limitations you face as a result of your mental health condition. Such medical records and statements will go a long way in helping you prove your claim for Social Security Disability benefits.
If you or someone you know is seeking Social Security Disability benefits for a mental health condition, it is important to consult with an experienced Social Security Disability attorney early on in the process.
This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular circumstances and claim, please contact a lawyer in your area.
Saturday, June 30, 2012
Thursday, June 28, 2012
Why should I care about my Date Last Insured (DLI)?
You may have heard the terminology Date Last Insured or DLI thrown around if you have spoken to a representative at the Social Security Administration (SSA) or to a Social Security Disability attorney. What is a DLI and why should you even worry about it?
An issue regarding your Date Last Insured (DLI) is only relevant if you are filing a claim for Social Security Disability Insurance (SSDI) benefits. That means if you do not qualify for SSDI because you havent worked long enough to qualify for this federal insurance program, you dont need to worry about your DLI. However, if you are applying for SSDI, your DLI may be very relevant.
The Date Last Insured or DLI is the last day you qualify for Social Security Disability benefits under the SSDI program. In order to qualify for SSDI, you must prove that your disability began before your DLI. This generally means that you must have some sort of evidence demonstrating that your disability began prior to your DLI. If you are found disabled on or before your DLI, then you will receive SSDI. If you are found disabled after your DLI, then you will not qualify for SSDI benefits.
It is important to remember that you do NOT have to apply for SSDI benefits before your DLI . This means you can file for SSDI benefits after your DLI as long as you are able to prove that your disability began prior to your DLI.
Here is an example. Ana files a claim for SSDI benefits on June 1, 2010. Her Date Last Insured is December 31, 2009. At the hearing, the Administrative Law Judge (ALJ) finds that Ana is disabled as of January 1, 2009. In this scenario, Ana would qualify for SSDI benefits. However, if the ALJ found that Ana was disabled as of January 1, 2010, she would not qualify for SSDI benefits.
It is important to remember that a DLI is only relevant in claims for SSDI. This means that if there is an issue with your DLI that makes you ineligible for SSDI benefits, you may still qualify for SSI benefits.
If you have any questions regarding your DLI, you should consult with an attorney experienced in handing Social Security Disability cases.
This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular circumstances and claim, please contact a lawyer in your area.
An issue regarding your Date Last Insured (DLI) is only relevant if you are filing a claim for Social Security Disability Insurance (SSDI) benefits. That means if you do not qualify for SSDI because you havent worked long enough to qualify for this federal insurance program, you dont need to worry about your DLI. However, if you are applying for SSDI, your DLI may be very relevant.
The Date Last Insured or DLI is the last day you qualify for Social Security Disability benefits under the SSDI program. In order to qualify for SSDI, you must prove that your disability began before your DLI. This generally means that you must have some sort of evidence demonstrating that your disability began prior to your DLI. If you are found disabled on or before your DLI, then you will receive SSDI. If you are found disabled after your DLI, then you will not qualify for SSDI benefits.
It is important to remember that you do NOT have to apply for SSDI benefits before your DLI . This means you can file for SSDI benefits after your DLI as long as you are able to prove that your disability began prior to your DLI.
Here is an example. Ana files a claim for SSDI benefits on June 1, 2010. Her Date Last Insured is December 31, 2009. At the hearing, the Administrative Law Judge (ALJ) finds that Ana is disabled as of January 1, 2009. In this scenario, Ana would qualify for SSDI benefits. However, if the ALJ found that Ana was disabled as of January 1, 2010, she would not qualify for SSDI benefits.
It is important to remember that a DLI is only relevant in claims for SSDI. This means that if there is an issue with your DLI that makes you ineligible for SSDI benefits, you may still qualify for SSI benefits.
If you have any questions regarding your DLI, you should consult with an attorney experienced in handing Social Security Disability cases.
This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular circumstances and claim, please contact a lawyer in your area.
Wednesday, June 27, 2012
Injured military personnel can get Social Security Disability benefits faster
A new nationwide project has been established that allows the Social Security Administration to receive military records from the Department of Defense faster. This program will reduce the time it takes for the Social Security Administration to make disability decisions for "Wounded Warriors," service members, veterans, and dependents. This is great news for veterans and military personnel who have been injured and desperately need disability benefits to support themselves and their families. For more information, see http://www.socialsecurity.gov/pressoffice/pr/ssa-dod-hit.pr.html
This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular circumstances and claim, please contact a lawyer in your area.
This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular circumstances and claim, please contact a lawyer in your area.
What's the difference between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?
There are two federal programs that individuals can apply for when they become disabled and are unable to work. Figuring out the difference between these two programs can often be confusing. Here are some basic similarities. Both of these programs -- Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) -- are funded by the federal government to provide financial support for individuals who are disabled for 12 or more months. In both programs you are required to prove that you are not able to work as a result of a physical or mental condition. For both programs, you must also show that your condition is expected to last for at least 12 months or result in death.
So what is the difference between SSDI and SSI? The major difference between SSDI and SSI is the non-medical proof you must show to qualify.
SSDI is a federal insurance program of the government that is funded by your payroll taxes. That means if you are working and paying taxes, you are paying into this federal insurance program. Your eligibility for SSDI is based on whether you have worked for enough time and paid enough into the system. Generally, if you have worked for 5 of the past 10 years as of the date of onset of disability, you will qualify for SSDI. Younger claimants need to work for less time to become insured by SSDI. Your benefit amount is based on your earnings. By and large, the more you earned, the more benefits you will receive if you qualify for SSDI.
SSI is a needs-based program of the government administered by the Social Security Administration (SSA). To qualify, SSA will evaluate your financial situation, and not your previous work. SSA will assess your financial situation by examining your assets and determining how much SSI benefit you are eligible for based on any income you receive.
In certain circumstances you can receive benefits under both SSDI and SSI. This generally occurs when you apply for and qualify for both programs and your SSDI benefits are under the SSI benefit amount you would be eligible for. As a result, it is generally a good idea for claimants to apply for both SSDI and SSI at the initial stage of the application process to ensure receipt of the maximum benefits.
This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular circumstances and claim, please contact a lawyer in your area.
So what is the difference between SSDI and SSI? The major difference between SSDI and SSI is the non-medical proof you must show to qualify.
SSDI is a federal insurance program of the government that is funded by your payroll taxes. That means if you are working and paying taxes, you are paying into this federal insurance program. Your eligibility for SSDI is based on whether you have worked for enough time and paid enough into the system. Generally, if you have worked for 5 of the past 10 years as of the date of onset of disability, you will qualify for SSDI. Younger claimants need to work for less time to become insured by SSDI. Your benefit amount is based on your earnings. By and large, the more you earned, the more benefits you will receive if you qualify for SSDI.
SSI is a needs-based program of the government administered by the Social Security Administration (SSA). To qualify, SSA will evaluate your financial situation, and not your previous work. SSA will assess your financial situation by examining your assets and determining how much SSI benefit you are eligible for based on any income you receive.
In certain circumstances you can receive benefits under both SSDI and SSI. This generally occurs when you apply for and qualify for both programs and your SSDI benefits are under the SSI benefit amount you would be eligible for. As a result, it is generally a good idea for claimants to apply for both SSDI and SSI at the initial stage of the application process to ensure receipt of the maximum benefits.
This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular circumstances and claim, please contact a lawyer in your area.
Do I qualify for Social Security Disability benefits?
Many hard working individuals who become injured or ill wonder if they will be able to keep working as a result of this injury or illness. If you are in this position, you may be considering whether you should apply for Social Security Disability benefits. Before you begin the application process, you should first consider whether your condition would qualify you for Social Security Disability benefits.
Many people believe that simply being unable to work at their current job means that they are disabled per Social Security's rules and regulations. This is, in fact, not true. Indeed, being unable to work at your current job and being found "disabled" by the Social Security Administration are two very different things. At the same time, you do not have to be completely bedridden to be found disabled. The basic rule is that your condition must either meet a medical listing (as defined by Social Security's rules) or you must demonstrate that based on your age, education, and work experience, your condition would prevent you from working at a full time job -- 8 hours a day, 5 days a week.
Proving that you are unable to work gets easier as you get older. If a Social Security claimant is over age 45 the process for obtaining disability benefits becomes easier. At age 50, more people with a significant medical condition will qualify for disability benefits; most people with a significant medical condition will qualify at age 55; and even more people with a significant medical condition will qualify at age 60. However, even younger claimants (persons under 45) can still qualify for benefits if they have a disability which prevents them from being able to sustain a job full-time (or 8 hours a day, 5 days a week).
If you are truly unable to work, you should apply for Social Security Disability benefits. There are several stages to the application process and you can win benefits at any of those stages. Many people are not successful at the initial stages of their claim - either at the initial claim or at the request for reconsideration. In fact, most people will end up at a hearing during which they will appear before an Administrative Law Judge to make their case for Social Security Disability benefits. At this point, many claimants will be granted benefits but if you are not, there are several more stages of appeal.
For help with a Social Security claim at any stage, you should consult with a qualified and experienced Social Security Disability attorney. Consulting with a Social Security Disability attorney early on in the process can often help you make a stronger case for benefits in the future.
This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular circumstances and claim, please contact a lawyer in your area.
Many people believe that simply being unable to work at their current job means that they are disabled per Social Security's rules and regulations. This is, in fact, not true. Indeed, being unable to work at your current job and being found "disabled" by the Social Security Administration are two very different things. At the same time, you do not have to be completely bedridden to be found disabled. The basic rule is that your condition must either meet a medical listing (as defined by Social Security's rules) or you must demonstrate that based on your age, education, and work experience, your condition would prevent you from working at a full time job -- 8 hours a day, 5 days a week.
Proving that you are unable to work gets easier as you get older. If a Social Security claimant is over age 45 the process for obtaining disability benefits becomes easier. At age 50, more people with a significant medical condition will qualify for disability benefits; most people with a significant medical condition will qualify at age 55; and even more people with a significant medical condition will qualify at age 60. However, even younger claimants (persons under 45) can still qualify for benefits if they have a disability which prevents them from being able to sustain a job full-time (or 8 hours a day, 5 days a week).
If you are truly unable to work, you should apply for Social Security Disability benefits. There are several stages to the application process and you can win benefits at any of those stages. Many people are not successful at the initial stages of their claim - either at the initial claim or at the request for reconsideration. In fact, most people will end up at a hearing during which they will appear before an Administrative Law Judge to make their case for Social Security Disability benefits. At this point, many claimants will be granted benefits but if you are not, there are several more stages of appeal.
For help with a Social Security claim at any stage, you should consult with a qualified and experienced Social Security Disability attorney. Consulting with a Social Security Disability attorney early on in the process can often help you make a stronger case for benefits in the future.
This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular circumstances and claim, please contact a lawyer in your area.
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