DISABIITY FOR MENTAL DISORDERS

Social Security will pay for mental disorders if those disorders are so severe that you are unable to perform full-time work, and if the impairment has lasted or is expected to last for at least 12 consecutive months.

Mental or psychological impairments are tougher to prove, however, simply because of their nature.  You can't take an X-ray or get images on a CAT scan.  That's where a specialist comes in.

Social Security will want to see evaluations and treatment by a licensed mental health professional--either a licensed psychologist or psychiatrist.  Records must show the specific symptoms and level of severity.  It isn't enough just to say "depression" or "Bipolar Disorder." 

The real question is:  Why can't this individual work?  Are there problems with mood, memory, concentration, following instructions, being around other people.....or what?

The doctor should specific each symptom's severity as either mild, moderate, marked or extreme.

I like to get the doctor to complete a "treating source statement" which answers the questions Social Security needs to have answered.  This provides very specific and detailed information about the claimant's symptoms, their severity and the functional limitations involved.  Nine times out of ten, this specific information is not contained in the routine notes or medical records on the patient.

What about the opinion of the doctor Social Security sent me to?

These doctors are called consulting examiners.  Social Security sends the claimant for a one-time examination, following which the consultant writes a report.  Unfortunately, these examinations seldom are supportive of the claimant.  These doctors see the claimant one time and don't have the benefit of a long-term treatment relationship.  Also, they cannot see the results of various treatments that have been tried, such as medications.  They get a brief "snapshot" of the claimant at one point in time, and that's all.

I strongly urge individuals who may have a Social Security disability claim in their future (based on psychological problems) to establish care with a psychiatrist or a licensed clinical psychologist and get regular ongoing care.

What's the difference between a psychiatrist and a psychologist?

A psychiatrist is a medical doctor (MD) who specializes in the diagnosis and treatment of mental disorders.  He or she may prescribe medications, as well as offering counseling or psychotherapy.

A licensed psychologist is a doctor who diagnoses and treats mental disorders without prescribing or using any medicine. Psychologists are not medical doctors, therefore, they cannot prescribe drugs.   They approach treatment with counseling or psychotherapy, not with medications.

The claimant's goal in a Social Security disability claim is to prove that they are not able to hold a full-time job because of their psychological problems.