PAYMENTS FOR MENTAL DISORDERS

The term "mental disorder" still carries a negative stigma.  However, any condition that is not physical in nature is considered a mental disorder by Social Security.  It may be a common disorder such as depression or anxiety, or it could be a more rare disorder.  But if it keeps a person from being able to work, it is a disability.

 The questions Social Security will want answered about mental disorders are:

 1.  How severe are the symptoms?
2.  What is the frequency of symptoms?
3.  When did the severe symptoms first begin?
4.  How do the symptoms affect the ability to function?
5.  What treatment is being attempted to help the condition?

 Jobs are going to have both physical and mental requirements.  The physical requirements of work include the ability to stand, walk, push/pull, lift, reach, bend, etc.  

 The mental requirements of work include the ability to perform such function as
  • Concentrate for up to 2-hour periods
  • Follow simple instructions or directions
  • Complete tasks in a timely manner
  • Respond appropriately to co-workers and supervisors
  • Complete an 8-hour workday without severe interruptions
  • Complete a 5-day workweek without excessive absence
  • Remain focused without being off task more than about 10 percent of the time
  • Adjust to normal changes in workplace routines
  • Handle usual stress in the workplace


An individual with severe mental impairments that preclude these abilities may win Social Security disability payments.  Good medical evidence will be required to prove the impairment and likely symptoms.  Preferably, this evidence will come from a treating psychiatrist or licensed psychologist.  Social Security doesn't give too much credibility to severe mental impairments being treated only by family practice physicians; they prefer to see a specialist involved in treatment.

 Also, a mere diagnosis isn't enough to get benefits approved.  A doctor must address limitations in the ability to function (See above list).  For example, having a diagnosis of depression, anxiety, PTSD, etc. does not mean that a person isn't able to work.  The questions are:  How severe are the symptoms and how do they restrict the ability to perform the mental functions of work?

 When the Forsythe Firm represents a claimant, we attempt to work with the claimant's treating psychiatrist or doctor to document the requirements for a disability benefit.  

Winning a Social Security disability case is like putting a puzzle together.  There are many pieces.  Each piece must fit to meet the regulatory requirements of the law and to make sense to the judge who will hear the case.

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