Am I eligible for disability benefits if I have a mental health condition?

SSD 6

If you suffer from mental health conditions such as depression, anxiety, bipolar disorder, or PTSD, and your condition is severe enough to prevent you from working, you may be entitled to receive Social Security Disability benefits.

Major depressive disorder is a mood disorder that is characterized by symptoms such as depressed mood, diminished interest in all activities, appetite disturbance with change in weight, sleep disturbance, psychomotor agitation or retardation, decreased energy, feelings of guilt or worthlessness, difficulty concentrating or thinking or thoughts of suicide. Major depressive disorder can be caused by a combination of biological and psychological factors. It is typically treated by medications such as antidepressants or mood stabilizers, as well as therapy. Major depressive disorder is one of the most common mental health conditions in the United States.

Individuals with bipolar disorder may suffer from symptoms such as flight of ideas, pressured speech, inflated self-esteem, decreased need for sleep, distractibility, involvement in activities that have a high probability of painful consequences that are not realized, or increase in goal-directed ideas or psychomotor agitation.

Individuals with anxiety may experience symptoms such as restlessness, fatigue, difficulty concentrating, irritability, muscle tension, or sleep disturbance. Anxiety can manifest as panic disorder or agoraphobia. Individuals suffering from these conditions may experience panic attacks followed by a persistent concern or worry about additional panic attacks or their consequences. Those who suffer from agoraphobia may experience a disproportionate fear or anxiety about situations such as using transportation, being in a crowd, being in a line, being in open spaces, or being outside their home. Those who suffer from obsessive-compulsive disorder may experience involuntary, time-consuming preoccupation with intrusive, unwanted thoughts, as well as repetitive behaviors aimed at reducing anxiety, such as hand washing or checking doorknobs multiple times to ensure they are locked.

Individuals with post-traumatic stress disorder, or PTSD, may be eligible for Social Security Disability benefits as well. Those who suffer from PTSD have typically previously experienced exposure to threatened or actual death, serious injury, or violence. This may include events such as childhood trauma, domestic violence, traumatic events exposed to during the course of military service, witnessing a major accident, and may other events. As a result of exposure to these events, the individual may re-experience the traumatic event through flashbacks or nightmares.

Serious mental health conditions can interfere with your daily life. The ability to interact with others, maintain attention and concentration, or take care of your activities of daily living such as personal hygiene or maintaining household chores can be severely hindered if you are experiencing symptoms from your mental health condition.

If you are experiencing serious symptoms as a result of your mental health condition, you may be entitled to Social Security Disability benefits. The most important thing to do in order to build a successful case is to ensure you are receiving mental health treatment. Many individuals are prescribed psychiatric medications through their primary care provider. However, the Social Security Administration may find that your condition is not severe enough to qualify you for disability benefits if you are receiving your mental health medications in this manner. To build the strongest case, it is best to seek treatment from providers who specialize in mental health conditions, including psychiatrists and psychologists. Psychiatrists are medical doctors who specialize in diagnosis and medication management for mental health conditions. A psychiatrist may be able to prescribe different medications to treat your mental health conditions than your primary care provider. When visiting your psychiatrist, it is important to discuss any side effects you may be having from the medications which he or she prescribes for you. Your psychiatrist will likely document these remarks in your medical records, which the Social Security Administration will review when evaluating your claim. Further, be sure to discuss in detail with your psychiatrist whether the medications are working to relieve your symptoms, and if so, whether you are experiencing complete relief or only partial relief of your symptoms. Often, individuals with mental health conditions must try several different medications in order to find one that works for them. Dosages may need to be increased or decreased as well, depending on the effectiveness or side effects of the medications that are prescribed. If you have required several medication adjustments, and this is documented in your medical records, it will help establish that your condition is difficult to manage and increase your chances of your claim being approved.

In addition to seeing a psychiatrist, it is helpful to undergo counseling from a therapist or psychologist. These visits will allow you to discuss the symptoms of your condition in greater detail than during your visits with your psychiatrists. Psychiatrists are primarily concerned with medication management, but therapists will spend more time speaking with you about your conditions and offering techniques to help manage your symptoms. There are several different types of therapists, such as psychologists, social workers, and licensed mental health counselors. These titles are differentiated by the type of degree and qualifications the provider obtained. A psychologist has obtained a doctoral-level degree in psychology, a social worker has obtained at least a Master’s degree in social work and pass a licensure exam, and a licensed mental health counselor has obtained a Master’s degree in counseling, family therapy, or another similar degree, and also has passed a licensure exam. When selecting a therapist for the purpose of strengthening your Social Security claim, it is best to see a psychologist, as the Social Security Administration places greater weight on the opinions of psychologists than other types of therapists. However, it is ultimately most important to select a therapist with whom you connect and is accessible to you, both financially and in terms of scheduling.

When gathering evidence for your claim, LaBovick Law Group can send questionnaires to your providers to complete which will address the specific factors which SSA looks at to evaluate your condition. This will greatly help with strengthening your case, as evaluators often rely heavily on these statements if they are congruent with the symptoms noted in your medical records. Having a Social Security Disability Lawyer on your side, especially from LaBovick Law Group, ensures that all the crucial details are captured accurately.

The legal team at LaBovick Law Group has extensive experience with Social Security Disability claims related to mental health conditions. If you need a dedicated Social Security Disability Lawyer, give us a call at (561) 625-8400 for a free case evaluation.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.