YOU MAY GET DISABILITY BENEFITS FOR MENTAL DISORDERS

Social Security disability benefits are paid for severe impairments that prevent the ability to work.  Work has both physical and mental demands.  A severe restriction in the ability to perform the mental demands of work, as defined by SSR 96-9(p) or SSR 85-15, may result in disability payments.

Not only must the claimant prove that he/she has a severe impairment that significantly restricts the ability to work, other considerations include:

1)  Are you insured under the Social Security Act?  In brief, have you worked long enough, and recently enough, to have accumulated the minimum quarters of coverage to be insured?  If not, you are not covered by the Act and cannot get Title 2 benefits.

2)  Are you currently engaged in Substantial Gainful Activity (SGA)?  SGA is defined in 2015 as gross earnings of at least $1,090 per month from employment or self employment.  If you are now working at SGA level, you cannot receive disability benefits from Social Security, no matter what your age or how severe your medical impairments are.  SGA does not include investment income, such as stocks, bonds or rental property.

3)  Do you meet the Duration Requirement?  Social Security requires that you be unable to work for at least 12 consecutive months.  If you are expected to be able to return to work within 12 months, you will not qualify for disability from Social Security.

4)  Are you able to perform some other type of work, not necessary just the job you have recently been doing?  If you still able to perform other kinds of work (perhaps easier or simpler work), you would not be found disabled under Social Security rules.

Evaluation of a potential Social Security disability case is complex.  Our firm is happy to provide a free analysis of your claim and decide whether we are able to assist you in getting disability benefits.  There is no cost or obligation for a consultation with us.

(256) 799-0297.