Full Answer
You can find your local legal aid office in this directory from Legal Services Corporation. If you live near a law school, you could call them to see if they have a disability "clinic" where law students represent disability claimants, although you won't get the benefit of an experienced disability lawyer.
Here's why it makes sense to hire a disability lawyer or law firm for your disability claim for mental illness. Hiring experienced legal professionals can greatly increase your chances for approval, especially for claims based on mental illness and other mental disabilities.
There are numerous mental disabilities; however, depression and anxiety are the most prevalent on disability applications, so I'll discuss how an attorney can help win a claim for depression or anxiety. Although intellectual disorder is not as common, it is a good example of the complex requirements often needed to meet mental listings.
Most disability law firms have staff members who contact the doctor's office on a regular basis to make sure they provide the medical records needed to win a claim. The SSA refers to an intellectual disability as intellectual disorder.
Like other conditions with symptoms that are based on emotional distress, a disability based on depression can be difficult to prove to the Social Security Administration because the symptoms are often difficult to measure. Additionally, just being diagnosed with depression is not enough to qualify for benefits.
Treatment-resistant depression can be a disability that interferes with your ability to maintain a job. The ADA outlines mental health disorders like depression as potential disabilities that may qualify you for financial assistance, including supplemental income and health insurance.
Can You Get Disability For Depression? Depression is considered a disability. The Social Security Administration (SSA) has a listing for depression, and if you can meet those criteria by providing extensive medical evidence and other supporting documentation, your claim will be approved.
People with both depression and anxiety disorders (a common combination) might qualify for disability through the Social Security Administration's disability insurance program (SSDI) or the Supplemental Security Income (SSI) program.
Typically, it will take three to five months to get a decision on your application. If approved, the SSA will begin paying benefits immediately. Both SSI and SSDI applicants may receive back pay or retroactive benefits based on when the claim was filed and the date established as the onset of your disability.
For example, if you are suffering from depression that is so severe that you cannot work, then you may be eligible for benefits under your long-term disability plan. However, if your plan includes a “mental and nervous” limitation, you'll only receive benefits for a few years, even if your disability lasts longer.
OklahomaOklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.
Mental illnesses that can be covered by Social Security disability include depression, anxiety and anxiety-related disorders, autism, ADHD, learning disabilities, and intellectual disability.
Special senses and speech, such as impaired hearing, sight or speech. Respiratory illnesses, such as asthma, chronic obstructive pulmonary disease (COPD) and cystic fibrosis. Cardiovascular illnesses, such as arrhythmia, congenital heart disease and heart failure. Digestive system, such as bowel or liver disease.
For example, if you are being examined for a medical condition, you should not tell a doctor you have pain everywhere, or your level of pain is 10 out of 10 for everything if your daily activities are not consistent with this level of pain.
SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.
If you apply for disability benefits under Anxiety-Related Disorders, you can prove your case through medical records, letters and reports from your doctor, and your own testimony.
The internet has made it easier to find service providers, like attorneys. The disability legal practice is quite broad so there are likely to be listings of lawyers in different places.
Many disability claims can be handled quickly if the paperwork is filled out correctly or you are able to adequately explain why your circumstances meet the criteria for benefits payment.
Finding a lawyer can be a daunting prospect. Lawyers are specialized and it is important that you find one who deals specifically with your type of legal issue. This is particularly so when dealing with a disability, which can have varied definitions based on specific programs and statutes.
A lawyer who specializes in your disability doesn’t need to spend as much time getting up to speed on the law in order to determine the best legal steps for you. That can also significantly affect how much you end up paying the lawyer out-of-pocket to pursue your claim. They may also have access to the best experts in the field and be able to let you know what sort of outcome you can expect in your situation.
In any event, consider consulting with a legal expert in a timely fashion to ensure that you are protecting your rights.
You can find your local legal aid office in this directory from Legal Services Corporation. If you live near law schools, you can call them to see if they have a disability "clinic" where law students represent disability claimants, although you won't get the benefit of an experienced disability lawyer.
Instead, they collect a maximum of 25% of your retroactive benefits ( backpay) or $6,000, whichever is less. Social Security pays your attorney directly out of your backpay award. In the unlikely event that your disability application is approved with no backpay award, your lawyer would not be entitled to collect a fee unless he or she submitted a special fee petition to Social Security and it was approved. But since applications take at least a month and usually much longer to process, there are always back payments owed to disability applicants.
There are non-profit law firms and legal aid organizations that help claimants with Social Security disability cases. However, even legal aid attorneys and nonattorney advocates who are registered with Social Security are permitted to collect fees from disability backpay to compensate them for the time they spend working on your case. And legal aid organizations often use the fees they earn from winning disability claims to fund other services they provide.
If you're applying for Social Security disability or SSI, hiring a lawyer will give you the best chance of winning your claim. Don't be scared of the hefty up-front fees charged by some lawyers —Social Security attorneys only charge you a fee if you win your case. If you don't win, there's little or nothing to pay.
Many legal aid offices stopped providing representation for Social Security disability claims after a rule change in 2005 that required the Social Security Administration to pay lawyer fees in SSI cases directly to the attorney. This meant that SSI claimants would have an easier time finding lawyers to take their case. Today, many legal aid offices will represent clients only in Social Security overpayment situations, since it can be difficult to find a lawyer for help in these cases. (For more information, read our article about finding a lawyer for an overpayment problem .)
Disability attorneys do not require their fees to be paid up front. Instead, they collect a maximum of 25% of your retroactive benefits ( backpay) or $6,000, whichever is less. Social Security pays your attorney directly out of your backpay award.
All Social Security disability lawyers charge fees on a contingency basis, where you only pay if you win.
Deciding on a Disability Lawyer 1 You should feel comfortable speaking with the lawyer. You should be able to tell the lawyer information about yourself openly and honestly. You should review your medical history and physical or mental problems, since the disability may be hard to talk about, but it is important that the lawyer has all of that information. 2 You should not feel like you are being judged by the lawyer for things you have or have not done. If you feel like you are being judged, you might unintentionally withhold information. And if your lawyer does not know all information about you, he or she cannot properly prepare your case to give you the best chance at receiving benefits. 3 You should feel like you are being heard and understood by the lawyer. You should not feel rushed or like your case is not a priority for the lawyer. 4 You should feel you trust the lawyer that you choose. The lawyer will play a very essential part in your Social Security disability process, and you need to be able to work together well.
If you have an existing relationship with a lawyer (such as one you have used to handle other legal issues), you can ask that lawyer for a reference to another lawyer who has experience with Social Security disability law. Lawyers are generally very careful when giving referrals, because if you have a bad experience with the lawyer they recommended, it will be bad for both lawyers' reputations.
The advantage of asking someone who has been through the process before is that they can tell you about their experience working with that particular lawyer ( though you do not want to be overly influenced by others' experiences, which are apt to be different than yours). Helpful, objective information that you can ask about include whether:
And if your lawyer does not know all information about you, he or she cannot properly prepare your case to give you the best chance at receiving benefits. You should feel like you are being heard and understood by the lawyer.
The Bar Association is intended to provide services and support to lawyers, as well as to those who are in need of a lawyer. Generally, there is a section on the Bar Association website ...
It is not their job to tell you what you want to hear. Rather, they are there to provide you with a realistic view of the pros and cons of your case and to use their knowledge and skill set to help you to get Social Security disability benefits whenever possible.
You have endless sources for finding an SSD lawyer. Here are a few places you can begin your search:
Your Social Security Disability (SSD) lawyer helps you get the maximum disability benefits from the Social Security Administration (SSA). An attorney gathers evidence, submits paperwork, and constructs your claim so it has the greatest chance of a favorable outcome. Once the SSA makes a final decision on your case, ...
When shopping for a lawyer, you should look for the attorney best-suited to handle your unique situation.
Communication is also an important factor when choosing a lawyer. Your attorney should be responsive and keep you apprised of each new development throughout the process—and there will be many. When your lawyer is distant or hard to reach, it may be difficult to keep confidence in them.
At the Disability Advantage Group , we offer a free initial consultation to discuss the specifics of your case and determine if we can help you. Our attorneys have years of experience winning cases for our disability clients.
The requirements for becoming a non-attorney advocate are as follows: Bachelor’s degree or equivalent work experience; Clean criminal background; Professional liability insurance; Successful completion of SSA-administered exam; and. Continuing education.
This is a person who has not been to law school or passed the bar exam, but is legally qualified to represent you at a Social Security disability hearing. The requirements for becoming a non-attorney advocate are as follows:
How Legal Professionals Can Help: Disability attorneys and their staff members are skilled at interacting with doctors and can often overcome objections or concerns a doctor may have about preparing an RFC. Most disability law firms have staff members who contact the doctor's office on a regular basis to make sure they provide the medical records needed to win a claim.
This is because depression and anxiety are largely based on subjective evidence. Subjective evidence is based on how the individual experiences the illness.
The claimant filed for disability based on bipolar disorder and compulsive obsessive disorder (OCD). The SSA sent the claimant to a psychiatric CE who interviewed the claimant and then prepared a mental RFC, which supported a finding of not-disabled. After reviewing the mental RFC against the claimant's medical records, the claimant's attorney noted several statements by the claimant's treating psychiatrist that described the claimant as "combative." The RFC prepared by the SSA's doctor did not reflect these statements. The attorney then obtained a letter from the claimant's past employer that stated the claimant had occasionally demonstrated "combative" and hostile behavior. The attorney used these statements to discredit the CE's opinion and argue that the claimant's mental illness significantly impaired his ability to work with other employees and the public, and to interact with his superiors.
Depression and anxiety are often the main reason for, or a part of, a person's disability claim; however, these conditions can be difficult to prove. This is because depression and anxiety are largely based on subjective evidence. Subjective evidence is based on how the individual experiences the illness. On the other hand, physical medical conditions can usually be diagnosed and documented with objective evidence such as lab tests or x-rays. This is why it can be harder to prove that a claimant's mental illness is so severe that he or she is unable to work.
Even if your mental condition doesn't meet a listing, legal professionals are skilled at using other strategies to help you win. For example, if a person suffers from a physical disability in addition to anxiety and depression, the SSA must consider the combined effect of these impairments on a person's ability to work. Legal professionals are skilled at how to use a person's multiple conditions to help win a claim for disability.
The doctor (called the consultative examiner, or CE) will then prepare your mental RFC using both the results of the interview and the medical evidence in your file.
Social Security's Listing of Impairments outlines certain medical conditions that, if their requirements are fully met, will result in an automatic approval of benefits. These conditions are called listings. The Listing of Impairments includes numerous mental conditions such as:
Contact a representative's office and ask questions. First and foremost, ask if the lawyer has experience in winning disability claims for your medical condition.
Nolo, the premier plain-English legal website, offers a unique directory of disability lawyers that provides a comprehensive profile for each attorney with information that will help you select the right attorney. The profiles tell you about the lawyer's disability experience, education, and fees, and perhaps most importantly, the lawyer's general philosophy of practicing law. Nolo has confirmed that every listed attorney has a valid license and is in good standing with their bar association. Every attorney has taken a pledge to communicate regularly with you, provide an estimate of the time and cost involved, and provide you with a clear, fair, written fee agreement that spells out how they will handle your legal matter and how you will be charged.
First and foremost, ask if the lawyer has experience in winning disability claims for your medical condition. Typically, most lawyers who represent Social Security disability applicants are fairly busy, due to the large number of disability claims moving through the system.