i need a lawyer who can help me with my sons mental disabilities

by Prof. Clint Wiegand DDS 6 min read

Will hiring an attorney help my child's disability case?

While the SSA does offer assistance in applying for disability benefits for a child, there are certain situations where obtaining legal help is advisable or necessary. For instance, if the SSA denies your child SSI benefits, you should consider contacting an experienced disability attorney for assistance in appealing the SSA's decision.

Why hire a lawyer for a disability claim for mental illness?

Oct 18, 2017 · The prominent individual disability attorneys and respected group ERISA lawyers at DarrasLaw may help make your case. Schedule your free disability consultation today by calling (800) 458-4577 or contacting us online. Overview of …

How can a disability attorney help me get approved faster?

Legal Assistance. The law is a tricky subject and changes are continuously being made. The good news is that today, people with mental health problems have more rights than ever before in history. The bad news is that mental health law continues to be confusing, and many people tend to fall between the cracks of our legal system due to ...

Can a person with a disability get a power of attorney?

Apr 08, 2022 · The Americans with Disabilities Act (ADA) protects the rights of people with disabilities. It guarantees equal opportunity in: The Department of Justice ADA information line answers questions about ADA requirements. It's available to businesses, state and local governments, and the public. Call 1- 800-514-0301 (TTY: 1-800-514-0383 ).

What do mental health solicitors do?

Representation at Mental Health Tribunals and Hospital Managers' hearings. Providing advice and assistance at Hospital Manager's hearings. Advice and assistance on the rights of detained patients including voluntary / informal patients.

Is lawyer free in UK?

While the UK does not have a pro bono system like the Americans do, there is a system of legal aid to help those who might not be able to afford lawyer's fees. When it comes to cases in the civil court, you can apply for legal aid if you can provide evidence that you cannot afford legal support by your own means.10 Apr 2019

Can you get legal aid if you are disabled?

Legal Aid is only available in certain areas of law, for instance it is possible to get legal aid for cases related to community care, Special Educational Needs, disability discrimination, mental health and mental capacity cases, as well as some housing, debt, family and immigration cases.

Who qualifies for legal aid UK?

To get legal aid, you usually need to show you cannot afford to pay for legal costs and your problem is serious. You'll usually have to give details and evidence of your income, benefits, savings and property, and those of your partner.

How much does a lawyer cost UK?

Guideline hourly ratesGradeFee earnerNational 2ASolicitors and legal executives with over 8 years' experienceÂŁ255BSolicitors and legal executives with over 4 years' experienceÂŁ218COther solicitors or legal executives and fee earners of equivalent experienceÂŁ177DTrainee solicitors, paralegals and other fee earnersÂŁ126

What benefits qualify for legal aid?

On non-criminal law, legal aid is available for areas including: family law (such as financial support after marriage and disputes over children); debt problems (if you are being taken to court over debts, for example); domestic violence; social security benefits; housing (particularly evictions); employment; asylum ...24 Sept 2010

How much savings can you have to get legal aid?

You will also qualify if your disposable income does not exceed ÂŁ733 per month. Your capital will qualify if your savings amount to less than ÂŁ8000. If you are applying for legal aid for court proceedings then savings between ÂŁ3000 and ÂŁ8000 may be liable to be paid to the LAA as a contribution to your case.

What is the savings limit for legal aid?

If your monthly income, excluding PIP or DLA is above ÂŁ2657 you will not be eligible for legal aid. If your income is less than that, your expenditure will be assessed to see if you are eligible. You have very little in savings, investments or property (in February 2017 the savings limit was ÂŁ8,000).24 Jan 2018

What are the most common mental illnesses?

Anxiety and nervous disorders form the most common mental illnesses, including: Furthermore, mental health conditions like OCD and PTSD can manifest with physical symptoms that develop into diagnosable physical disabilities. These commonly include: Irritable bowel syndrome (IBS) – A disorder of the large intestine.

What are the physical disabilities that can manifest with OCD?

Social anxiety disorder. Panic disorders. Furthermore, mental health conditions like OCD and PTSD can manifest with physical symptoms that develop into diagnosable physical disabilities. These commonly include: Irritable bowel syndrome (IBS) – A disorder of the large intestine.

How long can you be on disability for mental health?

Many individual and group long-term disability insurers severely limit mental health benefits to 12, 18, or 24 months. People with mental health disorders often suffer from disabling chronic health conditions as a result of their underlying disorder.

What is mental illness?

Overview of Mental Health and Anxiety Disorders in the United States. Mental illness can constitute temporary conditions such as depression brought on by the loss of a loved one, or more serious, long-term disorders without situational causes.

How long can you be on mental health insurance?

This limitation means you may only get to claim a cumulative 12, 18, or 24 months of individual or group benefits for these self-reported conditions even if you’re disabled for longer than your individual or group insurance policy will cover.

How much does mental illness cost?

Mental illnesses cost patients almost $200 billion in lost earnings per year. Take advantage of your individual or group long-term disability benefits to protect your income and get the appropriate treatment you need.

What are the most common mental health disorders?

The term mental health disorder covers a wide range of conditions that affect mood, behavior, and your perception of the world. Eating disorders, addictions, depression, and schizophrenia are all types of mental health conditions.

What is the key to obtaining individual or group disability benefits?

The key to obtaining individual or group disability benefits is linking your mental health condition to a physical condition such as a traumatic brain injury, brain infection, or cancer, that your policy does cover.

What are the most common mental illnesses?

The most common mental illnesses are anxiety disorders such as post-traumatic stress disorder (PTSD), obsessive-compulsive disorder and irrational fears. Major depressive and mood disorders are also common causes of disability. Sadly, reports indicate that less than half of all American adults suffering from a mental health condition get ...

What is borderline personality disorder?

Borderline personality disorder – Healthcare professionals characterize borderline personality disorder as a pattern of varying moods and behaviors. Patients may also suffer from a high or low self-image, and many people with borderline personality disorder also suffer from bipolar disorder.

How long can you claim mental health insurance?

Remember, insurance is a business, for-profit individual and group long-term disability insurers may limit self-reported and mental health disability coverage to 12, 18, or 24 months total. This means you may only claim a cumulative 12, 18, or 24 months ...

How to contact Erisa?

Contact us at (800) 458-4577 or online without delay! Reason #6.

How much does mental health cost?

Mental illnesses are estimated to cost patients almost $200 billion in lost earnings per year. Don’t join their ranks.

What are the symptoms of self-reported depression?

Confusion. Inability to concentrate. Excessive fear, worry, or guilt. Increased anger. Suicidal thoughts. Significant changes in eating habits. The majority of these symptoms are “self-reported.”.

What was the claimant's mental RFC?

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.

What is a legal professional?

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.

What is a listing of impairments?

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:

What happens if the SSA's mental RFC is unfavorable?

And if the SSA's mental RFC is unfavorable (which they frequently are), your representative will work to identify areas where the CE's opinion can be discredited. This is vital because administrative law judges (who conduct disability hearings) rely heavily on a CE's opinion. Here is an example.

What is intellectual disability?

The SSA refers to an intellectual disability as intellectual disorder. Intellectual disorder is one of the medical conditions outlined in the SSA's listings. This means that the SSA will automatically award benefits to a claimant who meets all of the listing's requirements.

What is a mental RFC?

A mental RFC is a detailed report that discusses how your mental illness affects your ability to do the mental activities need in a job. Here are some examples of the activities that are evaluated in a mental RFC: whether you can work in a normal job setting without extra supervision.

What are the most common 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.

What are the laws that allow people with disabilities to vote?

Voter accessibility laws ensure that people with disabilities or language barriers are able to vote. If you know you’ll need accommodations on Election Day, contact your state or local election office to find out what to expect at your polling place.

What are the laws that protect the rights of people with disabilities?

Laws and Accommodations That Help Voters With Disabilities. Several federal laws protect the voting rights of Americans with disabilities. These include the Americans with Disabilities Act (ADA) and the Help America Vote Act (HAVA). Voters with disabilities have the right to: Vote in private, without help. Have an accessible polling place ...

How many employees are required to be covered by the EEOC?

Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees.

How to file a discrimination complaint?

How to File an Employment Discrimination Complaint. To file a complaint, contact your state, local or tribal employment rights office. Many state and local governments have their own anti-discrimination laws. These laws may offer extra protections beyond federal laws. Some state laws: Apply to businesses with only five or six employees.

What is Section 508?

A guide to the ADA standards for buildings. Section 508 of the Rehabilitation Act requires federal agencies to make electronic and information technology accessible. View information on Section 508 law. For questions, contact the Section 508 program.

What is the ADA?

Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) protects the rights of people with disabilities. It guarantees equal opportunity in: Public accommodations. Jobs. Transportation. Government services.

How many languages are there in the mail voter registration form?

The National Mail Voter Registration Form is available in 15 languages. You can use it in most states to register and to update your voter registration information. Federal law also lets you bring someone to help you if you can't read or write.

What is guardianship in disability?

Guardianship of Incapacitated or Disabled Persons. A guardianship is a crucial legal tool that allows one person or entity to make decisions for another (the ward ). Courts are tasked with establishing guardianships, and they typically appoint guardians in instances of incapacity or disability.

What is the role of a court in establishing guardianship?

Courts are tasked with establishing guardianships, and they typically appoint guardians in instances of incapacity or disability. Suppose, for example, that a person is put into a coma from a car accident.

What is a guardianhip for a mentally disabled person?

A guardianship for physically or mentally disabled or incapacitated persons have, in recent decades, been understood to facilitate the independence and self-reliance of the ward. Guardianships are limited as much as is reasonable in order to allow wards to exercise as much control over their lives as possible while maintaining as much dignity ...

What is mental disability?

Mental and physical disability or incapacity can involve severe and long-term conditions that impose great limitations upon an individual's ability to take care of themselves, express themselves verbally, earn a living, and live independently of the care of others.

How old do you have to be to be a guardian?

State qualifications differ, but in general, to be qualified, a guardian must be a legal adult (18 years of age) and cannot have a felony or gross misdemeanor record implicating dishonesty (forgery, bribery, etc.).

“Self-Reported” Mental Health Conditions

  • You might suffer from situational depression after losing a loved one, or severe anxiety after a car accident. These conditions may resolve with time and treatment. On the other hand, clinical depression, manic-depressive disorder, schizophrenia, and related mental health conditions are not generally temporary. Instead, they’re legitimate medical disorders requiring extensive treatm…
See more on longtermdisabilitylawyer.com

Limitations on Individual Or Group Long-Term Mental Health Benefits

  • Remember, insurance is a business, for-profit individual and group long-term disability insurers may limit self-reported and mental health disability coverage to 12, 18, or 24 months total. This means you may only claim a cumulative 12, 18, or 24 months of individual or group long-term disability benefits for self-reported conditions. Such self-reported conditions include: 1. Fibromy…
See more on longtermdisabilitylawyer.com

Common Disabling Mental Health Conditions

  • Your mental health condition must prevent you from performing the material and substantial duties of your occupation to successfully claim individual or group long-term disability benefits. The severity of your condition isn’t always the determining factor. For example, an individual or group long-term disability insurance company may determine that a writer with manic-depressiv…
See more on longtermdisabilitylawyer.com

Medical Conditions Linked to Mental Health Disorders

  • Individual and group long-term disability insurance plans that limit mental health coverage may still offer benefits for organic mental health conditions and related illnesses. Physical issues with the brain such as infections or traumatic brain injuries often cause organic mental health disorders. This means that, but for the underlying illness, you would suffer from no mental healt…
See more on longtermdisabilitylawyer.com

Listings For Mental Illness and Mental Disabilities

  • Social Security's Listing of Impairmentsoutlines 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: 1. anxiety disorders 2. organic brain disorders 3. personality disorders 4. affective disorders 5. sub…
See more on disabilitysecrets.com

Common Disability Claims

  • 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.
See more on disabilitysecrets.com

Other Mental Conditions

  • As discussed above, there are a number of other mental conditions that may eligible for automatic approval. You can learn more about them by reading our articles on: 1. autism 2. bipolar 3. schizophrenia 4. dementia(such as Alzheimer's), and 5. substance addiction disorders. As explained above, legal professionals understand the complex requirements of these listings …
See more on disabilitysecrets.com

Getting Legal Help

  • 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 impairmentson a person's ability to work. Legal professionals are skilled at how to use a person's multiple conditi…
See more on disabilitysecrets.com