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SSDI Claims for Disability Based on Mental Illness
Law Offices of Stuart Pastor — Austin and Plano, Texas
It is fairly rare for Social Security to deny a Social Security disability claim or SSI claim on the basis that the claimant does not suffer the mental illness that was alleged. Most SSDI mental illness disability claims are denied on the basis that the claimant’s illness is not as severe as alleged, and that either the claimant retains the capacity to perform past work or other work that exists in the national economy.
In judging the severity of your mental illness Social Security considers your capacity to (1) perform typical activities of daily living, (2) function appropriately with other persons, and (3) sustain attention, and concentration for a long enough time to complete tasks commonly performed in the workplace. In judging the severity of your mental illness the persons who decide your claim are required to consider periods of exacerbation, periods in which your capacity to function appropriately is diminished as a result of your illness.
In evaluating claims arising from depression, bi-polar disorder, post traumatic stress disorder, anxiety disorders, schizophrenia and other mental illnesses Social Security will determine what affect the mental illness has on your capacity to function on a daily basis in part by examining your medical records, and by seeking the opinion of your treating physician. It is therefore important that you tell your treating doctor the activities that you have been unable to do as a result of your mental condition. Don’t simply inform the doctor once. If you don’t regularly inform your doctor of how your mental illness is affecting your capacity to engage in normal activities of life, including your social life, both your doctor and Social Security may assume that the problems that you mentioned previously are not ongoing.
Social Security also examines your medical records in judging whether you retain the capacity to concentrate, maintain attention, and complete tasks on a timely basis. If your ability to concentrate, maintain attention, or complete tasks is limited by your mental illness you should tell your doctor what you are not able to do because of these symptoms.
Frequently I gain valuable information about how a mental disorder is affecting my client’s functioning from the client’s spouse or if there is no spouse from the person who is most familiar with the client. The testimony of a spouse or other person who has considerable contact with you can be very important to the success of your SSD mental illness disability claim. If the case is before the state agency on an initial application or request for reconsideration a carefully prepared statement by a spouse, close friend or relative who is familiar with your functioning can be submitted by letter or affidavit.
There is much that an experienced Social Security disability lawyer can do to win SSD disability claims arising from mental illness. If you or a family member suffers from a mental illness such as depression, bi-polar disorder, post traumatic stress disorder, anxiety disorder, agoraphobia, schizophrenia or any other mental illness contact the Law Office of Stuart Pastor.
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I have successfully represented many people suffering from mental illness. If you or a family member suffers from a mental illness such as depression, bipolar disorder, posttraumatic stress disorder, anxiety disorder, agoraphobia, schizophrenia or other mental illness, please do not hesitate to call me.