Disability benefits are paid out by the Social Security Administration (SSA) in two different forms: supplemental security income (SSI) and social security disability (SSD) benefits. If you are suffering from a mental disability, however, then you may apply for either type of disability benefit, depending on whether you have sufficient work credits to qualify for SSD or sufficiently low income to qualify for SSI.
If you believe that you (or someone you love) may be qualified to receive Social Security disability benefits on the basis of a mental disability/illness, or if you have already applied for such benefits and the application was denied, then it’s important that you consult with an experienced Florida disability benefits attorney for guidance. Your attorney will assess your claims and help you put forth a persuasive application for benefits.
Mental disability claims are commonly denied, unfortunately, though with the aid of a skilled and experienced disability benefits attorney, this is less likely. When your disability benefits claim has been denied, it’s not the end of the process. If the denial was unfair or otherwise unjustified, you may challenge such denial. In order to put forth a reasonable and persuasive challenge, however, it’s important to understand what justifications the SSA commonly use in denying a claim for benefits (brought on the basis of a mental disability).
Consider the following.
Lack of Medical Documentation
Without adequate medical documentation relating to your mental disability or illness, your claim for benefits will be less-than-persuasive. You will not succeed in obtaining benefits if you spontaneously apply for benefits on the basis of a mental disability or illness without the medical documentation demonstrating that you have sought help for it in the past (or, at least, that you have been identified as a sufferer of such illness or disability). Effective claims are built on consistent diagnostic and treatment records, with little to no missing documentation.
Medication is Sufficient to Allow Work
If your mental disability or illness can be effectively treated and controlled with medicine (or cognitive/behavioral therapy, perhaps), then it may lead to a denial. When your mental issues can be sufficiently controlled such that your work is not affected, then your claim for benefits has no real basis. Benefits are awarded to those who suffer significant work-related issues as a consequence of their mental disability or illness. If treatment is effective, but not 100 percent effective, you may still be able to obtain benefits — consult with an attorney for guidance on how to construct an application that emphasizes these continued issues.
Insufficient Support from Medical Experts
You cannot simply claim that you have a mental disability or illness and thereby obtain benefits. A successful claim for disability benefits (on the basis of mental disability or illness) requires that a medical expert, or multiple experts, give an opinion that states that you are, in fact, suffering from the issues that form the basis for your claim, and that these issues are likely to cause work-related problems.
Poor Record of Compliance
Your claim may be denied if you have not been compliant with the treatment recommended by medical professionals. For example, if you have been given medication to help treat your mental illness, but you refuse to take the medication, then you cannot receive benefits — your illness must cause work-related issues despite your having complied with treatment.
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