It is fairly common for people with mental illnesses to fail to seek or comply with treatment. Indeed, failure to keep appointments or take prescribed medication may itself be a symptom of mental illness. Therefore, if you suffer from a mental illness, Social Security should not hold your failure to seek or comply with treatment against you.
Full Answer
Can a mentally ill person be denied Social Security disability benefits?
Federal courts have overturned denials of disability benefits on that basis, requiring Social Security to reevaluate a disability application that was rejected because the mentally ill applicant failed to seek or comply with treatment.
Do you qualify for Social Security disability for mental illness?
Mental and psychological disabilities are among the conditions that can qualify for benefits from the Social Security Administration (SSA). You may qualify with severe depression, bipolar disorder, an anxiety disorder, or another mental illness that prevents you from maintaining gainful employment.
Can Social Security evaluate the severity of a mental illness?
Symptoms of mental illness are not easily evaluated, and the severity of a condition may be hard to measure objectively. Disability claims examiners who work for Social Security Administration (SSA) are not licensed psychiatrists, and do not always understand the full scope of the limitations imposed by certain mental illnesses.
What happens if I fail to comply with social security treatment?
If Social Security discovers in your application that you have failed to seek or comply with treatment, someone from the agency should contact you to find out whether there are good reasons for that failure.
Can you get SSI without being on medication?
If you don't take prescribed medications or other treatment, Social Security can deny you disability benefits.
What disqualifies a person from disability?
You Earn Too Much Income For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered "substantial gainful activity" (SGA).
Can SSI be denied?
In fact, SSI denial is very common when someone is first applying. Did you know that over 65% of claimants are turned down their first time? But just because someone is initially denied social security disability does not mean they cannot receive it.
Why does SSI get denied?
Here are some common leading reasons claims are often denied: Lack of medical evidence. Prior denials. Too much earnings.
What should you not say in a disability interview?
Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.
What mental illnesses are considered disabilities?
Mental illnesses that can be covered by Social Security disability include depression, anxiety and anxiety-related disorders, autism, ADHD, learning disabilities, and intellectual disability.
Why is SSI so hard to get?
Clients often ask me why it is so hard for them to get Social Security benefits or SSI based on disability. The simple answer is that the system is strapped for cash. Since 2003, there has been a 29% increase in Americans with little or no work experience getting disability payments.
How do I fight SSI denial?
You can file the hearing request at your local Social Security office or call Social Security and have them mail you the request for hearing form, then fill it out and mail it back. Their toll-free phone number is 1-800-772-1213, 7:00 am - 7:00 pm; TTY 1-800-325-0778.
How do you win SSI reconsideration?
4 Tips to Help Win a Disability ReconsiderationWrite a Letter of Appeals to the SSA and File It on Time. ... Obtain and Submit Additional Supporting Evidence from Your Doctor. ... File The Correct Paperwork. ... Work with a Social Security Attorney. ... Additional Resources.
What is the most approved disability?
1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.
What conditions are automatically approved for disability?
What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...
What is the hardest state to get disability?
OklahomaOklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.
How Social Security Evaluates Mental Illness Claims
Social Security will review your medical records to see if your mental illness meets the criteria of one of the mental illness listings in its "Lis...
Medical Records For A Mental Disability
All disability claims are decided almost solely on the content of the applicant's medical records. Make sure you include all medical records from p...
A Note on Alcohol and Drug Abuse
Many people who suffer from mental illness also have drug or alcohol problems. You can still get approved for disability if you are currently abusi...
What are the different types of mental disorders?
Seven of the Blue Book categories of mental disorders group conditions more directly associated with mental illness: 1 Schizophrenia and other psychotic disorders characterized by delusions, hallucinations, or extremely disorganized or catatonic behavior 2 Depressive and bipolar disorders characterized by irritation, mood swings or loss of interest in or pleasure from most activities 3 Anxiety and obsessive-compulsive disorders associated with excessive worry, apprehension and fear or avoidance of feelings, thoughts, activities, objects, places or people 4 Somatic symptom and related disorders characterized by physical symptoms that are not intentionally feigned but cannot be explained because of a diagnosed medical condition or other physical cause 5 Personality and impulse-control disorders, typically appearing in adolescence or young adulthood and marked by signs such as paranoia, social detachment, hypersensitivity to criticism, perfectionism or explosive anger 6 Eating disorders such as bulimia and anorexia 7 Post-traumatic stress disorder (PTSD) and other conditions related to experiencing or witnessing a traumatic or deeply distressing event
What are the signs of impulse control?
Personality and impulse-control disorders, typically appearing in adolescence or young adulthood and marked by signs such as paranoia, social detachment, hypersensitivity to criticism, perfectionism or explosive anger. Eating disorders such as bulimia and anorexia.
What are the seven disorders in the Blue Book?
Seven of the Blue Book categories of mental disorders group conditions more directly associated with mental illness: Schizophrenia and other psychotic disorders characterized by delusions, hallucinations, or extremely disorganized or catatonic behavior.
What is SSI?
Supplemental Security Income (SSI) is offered to individuals who are disabled with a severe health condition, mental or physical, which does not allow them to work for at least 12 continuous months.
Proving you have a mental illness
The SSA will determine whether you have a mental disorder and the severity of your condition by reviewing your most recent medical records from your treating sources. They will expect that you have been getting good medical care but remain unable to work due to your condition.
What do I do first?
The first step is to study the application process and make sure you understand the requirements. There are many nonmedical requirements which you must meet in addition to medical requirements.
Why did Social Security reject my disability application?
Federal courts have overturned denials of disability benefits on that basis, requiring Social Security to reevaluate a disability application that was rejected because the mentally ill applicant failed to seek or comply with treatment.
Why would you be denied disability benefits?
In this case, you would be denied disability benefits because your drug or alcohol abuse is a material factor that contributes to your medical impairment. For more information, see our article on getting disability despite drug or alcohol abuse.
How does Social Security evaluate your credibility?
One of the ways Social Security evaluates your credibility is by looking to see whether you have sought treatment for your condition. If you have not spoken with a doctor or other medical practitioner about your symptoms, Social Security will conclude that your condition is not as severe or limiting as you say it is.
When does Social Security believe you?
Updated October 2 ,2018. The Social Security Administration's decision to award you benefits often depends on the credibility of your statements. That is, to get benefits the agency must believe you when you say that you experience symptoms such as pain, memory loss, or exhaustion, or when you say that your condition makes it difficult ...
What to include in Social Security application?
Include not only medical doctors but also chiropractors, physical therapists, pain clinics, nurse practitioners, mental health counselors, social workers, and anyone else who has evaluated you or provided treatment.
Can Social Security deny you SSI?
When Social Security Can Deny Benefits for Failing to Follow Prescribed Treatment. When you fail to follow pre scribed treatment, take prescribed medication, or undergo recommended surgery, Social Security can deny you SSDI or SSI disability benefits if the prescribed treatment, medication, or surgery would be expected to restore you ...
Do you have to follow the treatment recommendations of your own doctor?
You aren't required to follow treatment recommendations from any doctor or examiner who works for Social Security or Disability Determination Services, ...
How many programs are there for SSI?
SSI has two programs, one for adults and one for children (up to age 18). Children: To quality for SSI benefits, children must have an impairment that has lasted or is expected to last for at least 12 months and that causes “marked and severe functional limitations.”.
How long do you have to work to qualify for SSDI?
Social Security Disability Insurance Benefits (SSDI) To qualify for SSDI, you must have an impairment that prevents you from working for at least 12 months and you must have worked and paid into the Social Security program (payroll taxes or FICA) for at least five of the last ten years.
How long does it take to get a hearing on SSI?
It usually takes about 22 months from the time you apply for benefits until you get a hearing. SSA has important information about appealing decisions on your disability claim or the amount of your payment at Understanding the SSI Appeals Process and SSA Disability Appeal .
How long does it take to get a Social Security disability hearing?
Many people whose applications were denied are often awarded benefits by these judges. You might wish to consult a Social Security disability benefits attorney or other professional to guide you through the complex hearings and appeals process. It usually takes about 22 months from the time you apply for benefits until you get a hearing.
How much assets do you need to qualify for SSI?
In addition, you must have very low income, resources and assets; to be exact, you cannot have more than $2,000 in assets.
Can I get Medicare if I have SSDI?
After 24 months on SSDI, you are eligible for Medicare benefits. You may also be eligible to receive Supplemental Security Income (SSI) benefits. You can apply for Social Security Disability Insurance in person at any Social Security office or file an application at www.ssa.gov.
Can a person with mental health problems work?
Some people living with a mental health condition find that there are periods of time when working becomes too difficult, and they can no longer sustain employment. Fortunately, there are two national programs run by the Social Security Administration (SSA) that provide monthly income and health insurance for people unable to work.
What are the qualifying disabilities for the SSA?
Depression, schizophrenia, substance abuse disorders, mental retardation, autistic disorders, anxiety, and bipolar disorder all make the SSA’s list of qualifying disabilities. This book also outlines how severe the symptoms of the condition must be in order for you to qualify for benefits.
Why is my disability denied by the SSA?
One of the biggest reasons claims are denied is because the disability examiners are not trained psychiatrists and therefore do not have the skills needed to properly assess mental illnesses.
What is the blue book for mental health?
In order to qualify for social security benefits due to a mental illness you must be diagnosed with a condition that is listed in the SSA’s book of recognized disabilities. This book is referred to as the “blue book” and it lists all of the conditions SSA feels disables a person severely enough to prevent them from working, or at least working enough to qualify for substantial gainful activity.
What is the mental RFC?
The mental RFC is a measurement of four mental capacities: memory, social interaction, concentration, and adaptation. Memory- The SSA will test your ability to remember and follow simple instructions. If you are markedly limited in remembering simple instructions you will be considered unable to perform unskilled work.
How long does mental illness last?
2. This illness is preventing you from working. 3. This illness has lasted or is expected to last for a minimum of 12 months. The SSA will also look at your residual functional capacity (RFC) if you don’t meet the qualifications as outlined in the blue book.
What is the most common mental illness?
The term mental illness has a broad definition that covers a wide range of different conditions. Depression, bipolar disorder, anxiety, and autism are some of the most common mental illnesses. Sadly the nation’s attention to the mental health problem has been less than impressive.
What happens if you are limited in remembering instructions?
If you are markedly limited in remembering simple instructions you will be considered unable to perform unskilled work. Social Interaction- As most jobs will require you to interact with other people, the SSA will want to make sure you can handle the social stresses of a work environment.
What is the blue book of disability?
In attempting to evaluate a condition, a disability examiner will first refer to Social Security's official listing of impairments , often referred to as the blue book. The disability listings in the blue book contain medical conditions that Social Security recognizes as inherently disabling; in other words, Social Security accepts that anyone suffering from a listed condition would be unable to work (earning an amount equivalent to substantial gainful activity ). The disability examiner will determine if a disability applicant's symptoms meet the criteria of any specific mental condition listed in the blue book. Mental listings in the blue book of impairments include:
What is a mental RFC?
If your mental RFC (residual functional capacity) shows you have intellectual, social, or functional limitations that affect your productivity or your ability to sustain full-time work, you may be eligible for a medical-vocational allowance, depending on your mental limitations, age, education level, and job skills.
Is mental illness hard to measure?
Part of the answer to this lies in the nature of mental illness itself. Symptoms of mental illness are not easily evaluated, and the severity of a condition may be hard to measure objectively.
Do disability examiners work for Social Security?
Disability claims examiners who work for Social Security are not licensed psychiatrists, and do not always understand the full scope of the limitations imposed by certain mental illnesses. For instance, some disability examiners do not recognize the cyclical nature of mental illnesses, such as bipolar disorder (manic depression), ...
Can you collect disability for mental illness?
Disability applications for mental disorders, which include cognitive, emotional, psychological, and psychiatric problems, are often approved on appeal. You can collect disability for both physical and mental medical conditions, but it can be harder to collect disability for a mental illness than for a physical illness. Why?
What if I don't have mental health treatment notes?
If you do not have any mental health treatment notes, it is likely that you will have attend a CE, or consultative examination, with a mental health professional who will be paid by the Social Security Administration to: B) perform objective testing such as intelligence quotient (IQ) testing or memory testing.
Does Social Security require medical evidence?
Like all disabling conditions, whether they are physical or mental, Social Security requires some type of objective medical evidence to support your allegation of a disabling mental condition. If you are applying for SSI on the basis of a mental condition, it is beneficial to your disability claim if you have a history of continuous treatment ...
Can I get SSD if I have schizophrenia?
You can get approved for SSI or SSD if you have any one of a variety of mental conditions. For example, you can be approved for SSI or SSD if you have depression, anxiety, bipolar disorder, schizophrenia, post-traumatic stress disorder, learning disabilities, mental retardation, panic attacks, somatoform disorder, organic brain disorders, ...
Do consultative examinations count as SSI?
Since they are paid for and obtained by Social Security to provide the minimal amount of medical evidence needed for disability examiners to make their disability decision, the consultative examinations rarely result in an approval for SSI or SSD disability benefits.
Is mental illness considered a disability?
However, if you are not taking medication and your disabling impairment is depression, anxiety, panic attacks, bipolar disorder, etc., your condition may be considered less debilitating or even non-severe. Mental Impairments that are considered a disability.
Can you get disability if you don't take medication?
If you do not take any medication, or are not prescribed medication for your mental condition, it may or may not affect upon your chances of being approved for disability. Some mental conditions cannot be treated with medication.
What are the conditions that qualify for Social Security benefits?
Mental and psychological disabilities are among the conditions that can qualify for benefits from the Social Security Administration (SSA). You may qualify with severe depression, bipolar disorder, an anxiety disorder, or another mental illness that prevents you from maintaining gainful employment.
Who can help with mental illness?
This can include doctors, psychologists, psychiatrists, therapists, or anyone else who has helped you with your mental illness. A list of the medications you’ve been taking, whether or not they have improved your symptoms, and the negative side effects you experience from these medications.
What is the difference between SSDI and SSI?
Social Security Disability Insurance (SSDI) Supplemental Security Income (SSI) SSDI is available to disabled adult workers who have paid Social Security taxes, while SSI is a need-based program only available to applicants that meet strict limitations on income and asset holdings.
What is the Blue Book for SSA?
During this review, they try to match your records to a disability listing in the “Blue Book.” The Blue Book is the SSA’s medical guide that is used to evaluate every disability application.
What is section 12.00?
Mental illnesses appear in Section 12.00 and include: 12.06, Anxiety-related Disorders – you may qualify under this listing if you have a severe phobia, post-traumatic stress, a panic disorder, or another anxiety-related condition. 12.08, Personality Disorders – this is the listing under which you may qualify if you have severe, clinical depression.
What is the basic eligibility for SSA?
This basic eligibility includes having: A formal diagnosis of a potentially disabling condition. A diagnosed condition that will disable you for 12 months of longer.
What does disability cover?
Social Security disability benefits can cover everyday living expenses, medical bills, and other financial obligations. Benefits are paid monthly and can alleviate many of your financial worries, making it possible for you to get by without income from employment.