why you need lawyer for ssd ptsd disability

A lawyer provides a realistic description of your case. Working with a lawyer gives you confidence as you apply for Social Security Disability benefits. Whether you have physical or mental health problems that prevent you from working, get the confidence and peace that comes from having a knowledgeable, experienced lawyer working for you.

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Why do you need DBA lawyers for a PTSD claim?

Why You Need DBA Lawyers for a PTSD Claim PTSD is a serious medical issue that affects many overseas workers. These workers can have problems finding jobs when they get back due to discrimination. If you are facing workplace discrimination due to PTSD it might be time for you to hire DBA lawyers.

What does a Social Security disability lawyer do?

Next, your attorney will develop a "theory" of why you are disabled under Social Security disability law. Your attorney will write a legal brief for the judge explaining the theory of the case. There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your exertion level is " less than sedentary ."

Can you get Social Security disability for PTSD?

Extreme cases can affect a person’s ability to function in society and greatly disrupt his ability to work. Considering the effects, the Social Security Administration (SSA) recognizes extreme cases of PTSD as eligible for disability benefits.

How does the administrative law judge decide if I have PTSD?

It also includes the professional opinion of the writer, backed by medical science, on the existence and degree of your limitations so that the decision maker, the Administrative Law Judge, can decide whether you meet the qualifications for PTSD or if you’re capable of sustaining a job. Family and friend observations.

Is it hard to get SSDI for PTSD?

As you can see, it's not easy to satisfy the disability listing requirements for PTSD. Many applicants are not able to provide sufficient medical documentation to meet these requirements.

How do you prove disability for PTSD?

Social Security's Disability Listing for PTSDan exposure to a death or threatened death, serious injury, or violence.subsequent involuntary re-experiencing of the traumatic event (for example, intrusive memories, dreams, or flashbacks)avoidance of external reminders of the event.disturbance in mood and behavior, and.More items...

How do you get medically retired for PTSD?

If you receive a rating of at least 30%, then you are medically retired. This means that you essentially receive 30% (or more) of your base pay, plus the benefits of a retiree. Retiree benefits include free health care at a military hospital, on a space-available basis.

Is SSD permanent disability?

The Social Security disability field does not usually use the term "permanently disabled." To qualify for Social Security disability through the SSDI or SSI program, your impairment must last one year or more (or be expected to last that long).

How much disability will I get for PTSD?

On average, most veterans who receive VA disability for their service-connected PTSD are rated at the 70 percent level. Per VA's rating criteria, a 70 percent PTSD rating reflects impairment in most areas such as, work, school, family relations, judgment, thinking, and mood.

Can PTSD stop you from working?

Now, symptoms of PTSD can interfere with the individual's ability to work in numerous ways. These include memory problems, lack of concentration, poor relationships with coworkers, trouble staying awake, fear, anxiety, panic attacks, emotional outbursts while at work, flashbacks, and absenteeism.

Is PTSD an automatic 50 percent?

It is a common myth that all Veterans receive an automatic 50% rating for PTSD. The VA regulation 38 CFR § 4.129 allows for an automatic 50% rating only if a Veteran develops PTSD while on activity duty and the condition is severe enough to result in their discharge.

What benefits can I get for PTSD?

If you are disabled because of Post Traumatic Stress Disorder that is severe enough to prevent you from working, you may be entitled to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). You can learn more by filling out a quick and free evaluation form regarding your case.

What can I expect from a PTSD CP exam?

During a C&P exam for PTSD, the medical examiner will likely complete a Disability Benefits Questionnaire (DBQ). A DBQ uses check boxes and standardized language so that the disability evaluation can be made quickly and correctly.

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

What conditions automatically qualify you for SSDI?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

What is DBA

DBA is a program that is offered to workers outside of the US who work in US military or other government projects.

Winning Your Claim With Your DBA Lawyer

There is a series of steps when starting the process to winning your claim. Here is what the process will look like.

How It Works

You will gain future compensation if you can prove you can no longer return to your DBA job due to your PTSD

Look into DBA Lawyers

All of this boils down that you will have better chances of obtaining your compensation if you have a proper DBA lawyers

How to get disability for PTSD?

Disability claims for PTSD can be approved two ways. The first way for approval is for your medical records to satisfy the requirements of Social Security's disability listing on trauma and stressor-related disorders. The second way for approval is to get a "medical-vocational allowance.". This is the usual way a majority of SSD claims are approved.

What is the treatment for PTSD?

Treatment for post-traumatic stress disorder can vary depending upon symptoms, and can involve a combination of counseling, cognitive-behavioral therapy, psychotherapy, antidepressant drugs ...

What is PTSD in psychology?

by Kimberly Slimbaugh. Post-traumatic stress disorder (PTSD) happens after seeing or going through a traumatic event. The effects of PTSD can be crippling. PTSD causes recurrent flashback episodes and nightmares that can disrupt daily activities.

What should be included in a medical record for PTSD?

Most importantly, your medical records should include how your PTSD symptoms effect your ability to function, both at home and at work.

What should be in my medical records for SSDI?

What is in your medical records means everything to proving your SSDI claim. Your mental health records should have a detailed description of what happened to you . There should also be at least one detailed description of a typical episode of PTSD, including the frequency and duration of any panic attacks, and what brings on worsening symptoms. Your doctor should also include whether your description of your symptoms matches his or her opinion of your mental status. Most importantly, your medical records should include how your PTSD symptoms effect your ability to function, both at home and at work.

Can PTSD affect your ability to work?

To be considered for a medical-vocational allowance, SSA will have determined that you do not qualify for benefits on the basis of meeting the requirements of the listing, but that your symptoms could be severe enough to prevent you from working. Individuals with PTSD often have fatigue from poor sleep patterns, trouble concentrating, and memory problems, all of which can interfere with the individual's ability to work and maintain a job.

What are the symptoms of PTSD?

Feeling hopeless, severe guilt and shame; Difficulty concentrating or managing things; Difficulty remembering, anger and irritability; Excessive fear, anxiety and panic attacks; Difficulty remembering things; Insomnia; To fulfill the criteria for qualifying for social security disability under PTSD you should be able to prove that: ...

Can I get SSDI if I have PTSD?

SSDI for people with PTSD. Post Traumatic Stress Disorder is a mild to severe mental condition that may get worse with time if left untreated. In order for you to qualify for disability with PTSD, you will need to prove your case with medical records that your condition lasted at least 24 months and interferes with your ability to perform work in ...

Overcoming Barriers To Your Case

Navigating the disability claims process may be one of the most complex legal challenges you will face. There are substantial obstacles standing between you and the benefits you need, and it requires experience and knowledge of disability law to effectively overcome these barriers.

You Do Not Have To Walk Through It Alone

There is great benefit to having an experienced attorney by your side as you seek disability benefits. We will work diligently on your behalf, striving to ease the complication of a complex and confusing process. Call us at 570-800-2600 or email our office to learn how our team can walk you through the disability benefits claims process.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

How long before a disability hearing can you speak to a client?

It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

How to prove you are not sedentary?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.

How to win a disability claim?

First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

How does PTSD affect SSA?

Providing details of the cause of your PTSD will not only increase SSA's understanding of your condition, but it will also increase empathy. Symptom and effect records. A detailed record of how your PTSD episodes occur, as well as examples of your reactions, can aid in illustrating the severity of your condition.

What is PTSD in veterans?

Post-traumatic stress disorder (PTSD) is a serious condition that can suddenly increase anxiety, fear, paranoia, and aggression in those who suffer from it. Although commonly associated with combat trauma in veterans, PTSD can affect anyone as a result of a traumatic experience.

What do SSA reviewers look for in a medical record?

Medical records. The first things the SSA reviewers will look for are documents verifying your condition and its severity. Records of inpatient or outpatient psychiatric treatment, doctor or clinic notes, and medical diagnoses are all forms that should be included in your claim.

What are the most common errors people make when filing a disability claim?

One of the most common errors people make when filing a disability claim is failing to provide adequate proof of why they require benefits. To prove your need, you must be able to show your limitations through the following pieces of documentation:

What is a RFC for PTSD?

Residual Functional Capacity form. An "RFC" is a letter written on your behalf or a questionnaire completed by an attending physician, psychologist, or therapist. The letter (or questionnaire) is a medical source statement that addresses key attributes of your condition - your diagnosis and especially the extent of your resulting limitations - as well as your ability to function. It also includes the professional opinion of the writer, backed by medical science, on the existence and degree of your limitations so that the decision maker, the Administrative Law Judge, can decide whether you meet the qualifications for PTSD or if you’re capable of sustaining a job.

What happens if Social Security does not find evidence compelling?

If Social Security does not find your evidence compelling, they will deny your claim. Therefore, whether you’re submitting a new claim or appealing a denied claim, it’s important to know what to include and how to present it to get your claim approved.

Does Social Security require PTSD?

Employer statements. Social Security will also require proof that your condition limits your ability to work. A statement from a former employer discussing the effects of your PTSD can go a long way in convincing Social Security that you’re an unreliable employee.