Our Disability Attorney in New York Discusses Mental Illness and Social Security Disability

application for benefits disability attorney in new york

Having a disability attorney in New York is very important when you are applying for Social Security Disability Insurance based on mental health issues. The Social Security Administration can be difficult to deal with when filing any claim, and mental illness claims are probably the most difficult to prove. Mental illness can often not be noticeable in the disabled individual, and mental illnesses are also difficult to quantify and document. Much is left to the opinion of the treating mental health professional.

SSA Position on Mental Illness

The Social Security Administration routinely rejects mental health disability claims on the initial application. While this is almost standard with physical disabilities also, mental health claims still have a higher rate of rejection. The administration does maintain a listing of serious mental illnesses that can be proven using standard eligibility rules established by the SSA in an effort to expedite the approval process for those who are obviously qualified for disability benefits. Some of those include schizophrenia, anxiety, depression, and autism. Bipolar disorders and substance abuse can be included when significant medical evidence is presented proving within a preponderance of the evidence that the claimant is unable to maintain substantial gainful employment.

General Disability Ruling Rules

Winning a mental health disability claim will require your disability attorney in New York to prove to the government that your disability makes you unemployable, along with demonstrating that the condition will last more than one year or end in death. Many mental illnesses are permanent and only treated by medication, which is often lifetime therapy. Even if the mental illness can be improved after one year, the claimant may still be eligible for disability benefits. However, there is a litany of rules the agency can use issuing in a claim denial, often based on the severity of condition, so it it is very important to address all medical issues when filing a disability claim, Especially be sure to meet all medical appointments, and prepare for SSA to require second opinions supporting their claim position.

Contact Our Disability Attorney in New York

Making sure all information SSA requests is accurate and comprehensive is a primary focus for our firm from the very beginning of your claim. It is very important to include all medical issues while filing for disability benefits, as physical problems can also be assessed for a percentage of contributing disability to the primary medical issue. Our disability attorney in New York will be ready to assess your potential case and provide initial advise on the best way to proceed with your claim from the filing process. We can then be familiar with your medical disability and help ensure all of your legal rights are protected. When choosing a disability attorney in New York contact our firm at Hermann Law Group, PLLC at (914) 286-3030.