info about SSDI for depression anxiety.

[happyslug]

1. I have had clients who have won Disability do to depression/Anxiety

For Social Security Disability and Supplement Security Income (SSI) the issue is NOT if you are disabled, but will the disability last more the one year AND prevent you from doing Full Time work?

Depression/Anxiety that prevents you from showing up for work, completing tasks, doing tasks, working with Co-Workers and Supervisors, would make you unable to work and thus disabled.

Please note this requires you to comply with all reasonable medical procedures, i.e. you can NOT refuse to undergo any reasonable medical procedure that permits you to work. If you do you MUST explain why to Social Security. If SSA believes your refusal is justified not an issue but if the refusal is NOT justified then you will be denied Disability. Refusal to take Medications is rarely justifiable unless there an well known severe side affects with the medications. When it comes to operations, unless it is very minor, Social Security will rarely call the decision to refuse the operation into question. If you do what your treating medical providers tell you, not a problem, if you do NOT do as your medical providers advises you, can be a problem.

Another problem is you are working at the present time, you will have to show that you loss the job because you could NO longer do it, not that you thought you could get Disability (Thus it is better to be fired then to quit). Please note, if you are working only part time, and earning less then $1000 a Month, your continued work is NOT as issue (unless it can be shown you can do that type of work for a longer time period, i.e. 30 plus hours a week). Work is only an issue if you are working more then 30 hours a week or making more then $1000 a month.

On the other hand, Social Security will take into consideration assistance given you by your employer and co-workers who tried to make it possible for you to work, if such assistance is something extra ordinarily not what is normal in the industry (Accommodation to meet the requirements of the Americans with Disability Act can meet that requirement, if such acts were NOT normal in the type of work you are doing).

One piece of advice, on the issue of Depression/Anxiety the issue of what type of work you can do with your Depression/Anxiety is the key to the case. Often your doctors will report what are your mental restrictions, but it will take a Vocational Expert at the Administrative Law Judge hearing to report what jobs such a person can or can not do. A Vocational Expert is almost NEVER called in on the initial application, and thus most people with mental Impairments are denied. You will have to appeal for an Administrative Law Judge Hearing, and at that hearing see how the Vocation Expert report what jobs a person with the mental and physical limitation you have can do. The Administrative Law Judge generally asks the questions to the Vocational Expert. You or your attorney can also ask the Vocational Expert questions. The issue is then up to the Administrative Law Judge as to how disabled you are and if there are Jobs that exist in Substantial Numbers in the National Economy someone with your condition can do.

Notice the test is NOT if you have depression or anxiety but HOW does the Depression an/or anxiety prevent you from working.

Given you are working, you will have to show the Administrative Law Judge that you could NOT continue in your present job do to your disability. You will have to have medical evidence that shows how your disability prevents you from doing work related activities (SSA does NOT believe your doctor has the knowledge or background to decide if you are unable to work, but your doctor can only report what you can physically or mentally do given your disability, SSA will hire a Vocational Expert to report on what jobs a person with your mental and physical restrictions can do).

One last Comment on Vocational Experts. All the Vocational Experts I have run across will report there are NO full time work someone can do IF you are going to miss more then 2 days of work a month every month OR you will be off tasks more then 10% of the time (Other then Normal Break periods, which is 15 minutes in the morning, 15 minutes in the afternoon and 30 minutes for lunch). If either of those two facts are determined by the Administrative law Judge you will win, but you will have to show that one or the other situation is occurring in your current job OR will occur if you found other work.

Thus time on task and how often you miss work at your present job is an important factor in any claim for Disability.

I am including with this letter a print out I give my clients in ALL disability cases which goes into a little more detail then the above:

THE FOLLOWING PAGES ARE MEANT AS A GUIDE ONLY. THE EXACT SOCIAL SECURITY ADMINISTRATION (SSA) REGULATIONS ARE TO COMPLEX TO BE EXPLAINED IN A SHORT PAPER. THE FOLLOWING PAGES ARE TO GIVE YOU, THE CLAIMANT, AN IDEA OF HOW SSA WILL DETERMINE WHETHER YOU ARE ELIGIBLE FOR BENEFITS.

DISABILITY DECISION TREE USED BY SSA TO DETERMINE DISABILITY:

The following is the systematic method used by SSA to determine whether someone is disabled or not. It is included with this form for your information on HOW SSA will determine if you are disabled or not.

1. Is claimant engaged in substantial gainful activity (SGA)? (20 CFR § 404.1571 et seq). SGA is defined as earning more than $1000 per month.
If you are earning, $1000 or more per month you are NOT disabled.
If you are earning less than $1000 the Claimant Proceeds to Step Two (2).
.
2. DOES CLAIMANT HAVE A SEVERE IMPAIRMENT? (A DEMISE TEST).{(20 CFR § 1520(b)}. This test is designed to eliminate anyone who is not suffering from any impairment. "Demise" is Latin for minor or insignificant. If you are suffering from any impairment that affects your day to day activities you survive Step Two.

3. Does claimant have an impairment that meets a listing? {20 CFR § 404.1520(d)}.
IF YES, Than the claimant is disabled; IF NO, Than you go to Step 3.
The listing of impairments are listed in Appendix 1 to the Social Security Regulations.
If you met the requirements of any listing or combination of listings you are disabled.
If you do not met the requirements of any listing or combinations of listing you proceed to Step Four (4)

4. Is claimant able to perform past relevant work. {20 CFR § 1520 (e)}
If YES, Claimant is NOT Disabled. If NO, go to Step Five (5).

5. a. Does Claimant have a exertional impairment?
If no go to Step 5c, If yes than go to Step 5b
b. Is claimant disabled under the "Tables". SSA refers to Appendix 2 of the SSA regulations as the "Tables". The "Tables" are decisional trees to help ALJs decide whether someone is disabled or not. If you are "disabled" under the "Tables" you are disabled, if not go to step 5c.

THE TABLES (Simplified):
HIGH SCHOOL EDUCATION OR MORE
TO BE DISABLED
AGE 60-65 -TO BE DISABLEDYOU MUST BE INCAPABLE OF DOING "HEAVY WORK".
AGE 55-59 - TO BE DISABLEDYOU MUST BE INCAPABLE OF DOING "MEDIUM WORK".
AGE 50-55 - TO BE DISABLEDYOU MUST BE INCAPABLE OF DOING "LIGHT WORK".
AGE BELOW 50 - TO BE DISABLEDYOU MUST BE INCAPABLE OF DOING "SEDENTARY WORK".
*********************************************************************************
LESS THAN HIGH SCHOOL EDUCATION BUT MORE THAN 7 YEARS OF SCHOOLING.- "LIMITED EDUCATION" - Same as for High School or More Grid.
*********************************************************************************
LESS THAN 7 YEARS OF SCHOOLING.-"MARGINAL EDUCATION" Same Test as for High School or More Grid.
*********************************************************************************
ILLITERATE - TO BE DISABLED - Same as for High School or More Grid.
EXCEPT: The test for "SEDENTARY WORK" starts at age 45.
c. Does claimant have a significant non-exertional impairment? If either yes or no go to Step 5d.

d. Can the claimant perform other work as it is perform in the national economy. {20 CFR § 404.1520 (f)}
If yes, Claimant is NOT disabled.
If no, Claimant is disabled.

This is where they will decide whether your child's father is elegible for SSI.

VOCATIONAL GUIDELINES -_NOTES - 20 CFR § 404 and 416 of Appendix 2

NOTE #1: The regulations are always Changing this is meant as a gudielnes of the regulations NOT the regulations themselves.

Note # 2: The exertional limitations stated in the “Simplified Tables” ONLY APPLIES TO CLAIMANTS WHO SURVIVE TO PARAGRAPH 5d on the Sequential Evaluation Process (page 17). Step 5 is after the ALJ has made a finding of not meeting a listing (Step 3), a finding of in-ability to return to past relevant work (Step 4) and a finding that the claimant is suffering from an severe impairment (Step 2).

Note #3: Age, education, exertional limitations and past work experience are the main factors considered by SSA when SSA determines whether a claimant is capable or not capable of performing work as it is performed in the national economy.

Note # 4: WARNING: If a claimant has a skilled or semi-skilled experience and those skills are transferable to other jobs that exist in the national economy, such a claimant can never be disabled.

Note #5: These Vocational Guidelines is a vocational determination, not a medical determination, but it is a vocational determination based on the testimony of the limitation of the claimant and the medical records. Generally a Vocational Expert (VE) will attend the SSA hearing and will testify to the following:
1. Whether the past relevant work of the claimant is skilled or semi-skilled;
2. Whether the skills are transferable; and
3. What other jobs can a person with the disabilities of the claimant perform.

Note #6: The biggest factors (besides disability) in determining if a claimant is disabled are education and age. The “Simplified Guidelines” attached hereto is a Simplified BREAKDOWN OF THE "TABLES" SET FORTH IN APPENDIX 2 OF THE SSR REGULATIONS.

Note #7: For Simplicity the “Simplified Guidelines” Attached Hereto Assume No Previous Work History and Non-transferable Work Skills. Furthermore All of the “Simplified Guidelines” Assumes "Unskilled" Work Training.

SSI _ supplemental Security Income
RSDI - Retirement, Surviors, Disabilty Income (often called SSD, Social Security Disability a term I will use below):


MAJOR DIFFERENCE BETWEEN SOCIAL SECURITY DISABILITY (SSD) AND SUPPLEMENTAL SECURITY INCOME (SSI). SSD (RSDI) is set by 42 U.S.C.A. § 402, SSI is set by 42 U.S.C.A. § 1381 of the Social Security Act.

Both SSI and SSDI use the same test for Disability ie. Disability is defined as being unable to do any work that exist in substantial Numbers in the National Economy

For SSD Payments Starts Six Months after the date SSA determined you first became disabled.

SSI pays for the first the month you made an Application for SSI or you became Disabiled whichever is later.

SSDI is Payed from Social Security Taxes. SSI is paid from General Funds (Income Taxes).

Both SSI and SSDI are Administrated by Social Security Administration (SSA).

A person on SSDI can be awarded disability for a period prefore he made an application (but not more than a year before), SSI will NOT pay for any period prior to the application date.

SSDI has Spouse/Survivor Benefits, SSI does not.

SSDI Payments are based on his work History and will be Roughly 60% of your his income over the ten years before the onset of your disability

SSI will pay $552.00 ($579.40 if he lived in Pennsylvania, Some state supplment the SSI grant, Pennsylvania does it by $27.40, some states give more, some states less, some states none).

SSDI is NOT Affected by other Income, SSI is REDUCED by any other income.

SSDI check hits on the Third of the Month, SSI payment hits on the First of the Month.

There are NO Asset Limitations for SSDI, but a SSI recipent can only have the following assets, One Automobile, one house he is living in, Household furnishings and $2000 in liquid assets ($3000 for a couple).

Medical Coverage of SSDI is Medicare (after a 18 month weighting period). SSI medical care i provided by Public Welfare.

I am adding the listing of Impairments for Anxiety Disorders. The listing of impairments is used in Step Three of the Sequential Evaluation system used by SSA to see if you are disabled or not. the Sequential Evaluation system is a FIVE step process, you can win at Step three but if you do NOT you go to Step Four and Five of the process, where the above comments as to your ability to do work comes into play. At Step three the Administrative Law Judge will ONLY consider of you meet the listing. I.e. if you do NOT meet the requirements of a listing, you still are evaluated under the ability to do other work at Step Five of the Sequential Evaluation system.

Listing 12.06 of the Listing, please note the category 12.00 goes into details on what the following means, so you should also read Category 12,00 (listing here: http://www.ssa.gov/disability/professionals/bluebook/12.00-MentalDisorders-Adult.htm )
12.06 Anxiety-related disorders: In these disorders anxiety is either the predominant disturbance or it is experienced if the individual attempts to master symptoms; for example, confronting the dreaded object or situation in a phobic disorder or resisting the obsessions or compulsions in obsessive compulsive disorders.

The required level of severity for these disorders is met when the requirements in both A and B are satisfied, or when the requirements in both A and C are satisfied.

A. Medically documented findings of at least one of the following:

1. Generalized persistent anxiety accompanied by three out of four of the following signs or symptoms:

a. Motor tension; or

b. Autonomic hyperactivity; or

c. Apprehensive expectation; or

d. Vigilance and scanning; or

2. A persistent irrational fear of a specific object, activity, or situation which results in a compelling desire to avoid the dreaded object, activity, or situation; or

3. Recurrent severe panic attacks manifested by a sudden unpredictable onset of intense apprehension, fear, terror and sense of impending doom occurring on the average of at least once a week; or

4. Recurrent obsessions or compulsions which are a source of marked distress; or

5. Recurrent and intrusive recollections of a traumatic experience, which are a source of marked distress;

AND

B. Resulting in at least two of the following:

1. Marked restriction of activities of daily living; or

2. Marked difficulties in maintaining social functioning; or

3. Marked difficulties in maintaining concentration, persistence, or pace; or

4. Repeated episodes of decompensation, each of extended duration.

OR

C. Resulting in complete inability to function independently outside the area of one's home.
Listing 12.06
http://www.ssa.gov/disability/professionals/bluebook/12.00-MentalDisorders-Adult.htm