If you find it hard to hold down a job because of a severe mental or emotional condition—such as depression, bipolar disorder, anxiety, PTSD, or autism—you might be asking yourself: What are my chances of getting Social Security disability benefits? You may file a claim. The SSA should recognize the claim that prevents you from working and is expected to last at least a year. It can be confusing to understand the SSA requirement for mental illness. It is unfair sometimes that you have to jump through so many hoops. Do not give up if your benefits are denied the first time the appeals process can be done and you may go on to recover benefits.
Understanding Social Security Disability
Imagine you find yourself unable to work due to a serious illness or injury. Social Security Disability Insurance (SSDI) is a program designed to help you financially in such situations. Here’s how it works:
Eligibility: To qualify, you must have worked in jobs covered by Social Security. You’ll need enough work credits, which you earn by working and paying Social Security taxes.
Application Process: You’d start by applying through the Social Security Administration (SSA). This involves providing detailed information about your medical condition, treatment, and how it affects your ability to work.
Medical Criteria: The SSA evaluates whether your condition meets their criteria for disability. They look at medical records, doctors’ assessments, and whether your condition prevents you from doing any substantial work.
Waiting Period: Even after approval, there’s typically a five-month waiting period before benefits begin. During this time, you might need other forms of support.
Benefit Amount: If approved, you’ll receive monthly benefits based on your average lifetime earnings. These payments help cover living expenses since you can’t work.
Re-evaluations: Occasionally, the SSA will review your case to confirm you still meet the disability requirements.
Understanding this process can help you navigate the system if you ever need to apply for these benefits. It’s there to provide financial support when you’re unable to work due to a disability.
Mental Illnesses That Are Considered a Disability in Kentucky
Neurocognitive disorders
Schizophrenia and other psychotic disorders
Depressive, bipolar, and related disorders
Intellectual disorders
Anxiety and obsessive-compulsive disorders
Somatic symptom and related disorders
Personality and impulse-control disorder
Autism spectrum disorder
Neurodevelopmental disorders
Eating Disorders
Trauma and stress-related disorders
Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both. The SSA also uses umbrella terms under which may different illnesses fall.
If You Are Clinically Diagnosed, How Do You Prove You Cannot Work to SSD?
Family members, friends, social workers, and other key figures whom you interact with regularly are the key to a solid testimony for your mental impairment and its effect on your ability to perform routine functions, interact socially, and most importantly, obtain sufficient employment. Get a note from your physician. prove the prescriptions that have prescribed for you. Document any therapy you have participated in. Show why you can no longer do the work you were hired for and prove you cannot be trained for different work. Plus your illness needs to be a long-term one.
We Help Clients With Social Security Disability Claims
The Social Security Disability Act allows monetary support to those who are unable to maintain substantial “gainful employment” due to mental and/or physical disabilities prior to retirement age. For those who have had a strong work history up until their illness rendered them unable to work, they may qualify for Social Security Disability Insurance Benefits. This is a monthly payment based on your past income and varies from person to person. > Learn More
If you have a mental health disorder that prevents you from working, you may be entitled to receive Social Security benefits. Whether you are preparing your disability claim for the first time or appealing your case contact a compassionate attorney to explain your legal options for seeking disability benefits for mental illness.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
