Filing for Disability While Living with Schizophrenia

Posted on December 21, 2010 by Editorial Board

Many people who suffer from schizophrenia will not be able to maintain full time work, and for this reason will need financial support. People who are diagnosed with schizophrenia may be eligible for SSDI and SSI benefits, however to get these benefits you must first apply and meet the strict criteria of the listings of impairments, or be able to demonstrate that there are no jobs that exist in significant numbers in the national economy that you could perform, based on your age, education, your prior work and your medical problems.

Many people who apply for benefits are refused at the initial application stage.  Many will appeal that denial and get a hearing where they can be successful.  The reason that so many people fail to win disability benefits even when the have a medical diagnosis of schizophrenia is because the listing of impairments’  guidelines define a level of severity that all people will not have.  Unless the impact of your schizophrenia on your ability to perform work related activities is well documented, it may be difficult to show that there are no jobs you can perform.

Documented Severity of Your Condition

What can make or break a disability claim for schizophrenia is medical records. If your records are incomplete, have large gaps in treatment, or if you have never been in treatment, then your claim will usually be harder to prove.

How You Can Win Disability Benefits

Staying in treatment, being compliant with your prescriptions, and not taking drugs or alcohol are all good advice to someone trying to win disability benefits based on their mental illness.  Make sure that your doctor or psychiatrist keeps clear, thorough and accurate records of your illness.

Don’t tell your doctor you are “doing fine” if you really are not.  In the context of a disability examination, statements like that could be used against you.  Many people who suffer from schizophrenia attempt to be compliant with their treatment, but the nature of the illness actually prevents them from always having clear and logical thinking. With this in mind, it may be a good idea to enlist a disability attorney to help with a Social Security Disability claim. The attorney’s office will be familiar with how you should develop evidence, and present your case to have your best chances of winning benefits.

Posted in Mental Conditions | 2 Comments

Why is a Vocational Expert Coming to Your Disability Hearing?

Posted on December 20, 2010 by Editorial Board

A Vocational Expert (VE) is present at most Social Security disability hearings.  VEs are persons who are knowledgeable about the physical and mental demands of work and the numbers of particular jobs in the nation and your region.  Usually they have worked for programs that try to place people with disabilities into jobs.

The disability judge’s job is to determine whether your medical conditions prevent you from working, and so the judge must consider medical questions and work questions.  The VE is at the hearing to help with the work questions.  Sometimes one or two medical experts might also be present, but more often disability judges are doing their hearings with only a VE or no expert at all.

If there is a VE in your hearing they might not testify.  The judge could decide that you meet one of the Disability Listings or that your medical conditions are so severe that you clearly cannot work.

If the VE does testify, it will be about three basic questions. First, what work have you done in the past?  Second, do you have skills from your past work that could be transferred to other work?   Third, is their other work you might be able to do in spite of the limitations for your medical conditions?

Disability judges tend to rely on the VE’s testimony, which is why they ask them to attend the hearing in the first place.  Still, the judge has the final say in all issues in your case, including work issues.  The judge can reject vocational expert testimony if they think it is incorrect, and you or your disability attorney have the right to cross-examine the VE.

Posted in Capability to Work (Step 5), Past Relevant Work (Step 4), Questions & Answers, Vocational or Work Issues | Comments Off on Why is a Vocational Expert Coming to Your Disability Hearing?

Why Does the Disability Judge ask Hypothetical Questions to the VE?

Posted on December 17, 2010 by Editorial Board

The questions the judge asks the VE require a two step process.  First, the judge must consider how your medical conditions affect you physically and mentally by stating your residual functioning capacity (RFC).  Second, the judge looks at whether you could work despite those limitations.  The judge asks the VE hypothetical questions because they have not made a final decision on how your conditions affect you.

The judge might ask the VE more than one hypothetical question.  You or your attorney might also ask the VE hypothetical questions.  Each hypothetical question is a list of limitations that your conditions might cause.  A key part of winning your case is asking a question that gets the VE to say that a person with the hypothetical limitations could not work.  The next step is convincing the disability judge that those hypothetical limitations match your actual limitations.

The disability judge who decides your case can reject the VE’s testimony, if the judge rejects the VE’s testimony he or she must explain why in a written decision.  Because VEs specialize in work issues it is difficult for judges to throw out their responses to the hypothetical questions.  If a VE gives testimony that hurts your case you can persuade the judge that the VE is incorrect, but you should also remember that the VE was only answering hypothetical questions.  You can win your claim by persuading the judge that your medical conditions limit you more than the judge previously thought.

Posted in Capability to Work (Step 5), Past Relevant Work (Step 4), Questions & Answers, Vocational or Work Issues | 1 Comment

Migraine Headaches, Can They Be a Disabling Condition?

Posted on December 16, 2010 by Editorial Board

Approximately 30 Million Americans suffer from migraine headaches. For some people this is a rare occurrence which may occur once or twice a year. For others, migraines are severe enough that they limit people from going about their daily lives. Severe and frequent migraines can be a disabling condition.

Migraines may be at a disabling level when they stop a person from going to work, doing their shopping, and other basic activities of daily living. It is estimated that each year migraine headaches result in 113 million lost work days and cost 13 billion dollars in productivity.

Regular Headaches vs. Severe Migraine Headaches

Everyone suffers a headache now and then. While a headache is an unpleasant throbbing or ache which most people are able to work through, a migraine is a severe and overwhelming attack. Most people are not able to go to work when suffering a migraine attack, in fact most can’t even leave their bedroom.  If a migraine occurred while at work, most people would need a long break, or possibly even have to go home for the rest of the day.

A migraine is described as an extremely painful and intense throbbing sensation that occurs in the temples, forehead or other localized area of the head. It may or may not be accompanied by headaches or pain in different parts of the body. When a person is suffering from a migraine attack they may also suffer from nausea, diarrhea, cold hands and feet, and extreme sensitivity to noise and sunlight. An attack can last anywhere from 2 to 72 hours.

When a migraine attack is finished, many sufferers will still feel ill for up to the next 24 hours. Aftereffects of a migraine include dizziness, headaches, nausea, fatigue and sensitivity to light (photophobia). Severe migraines can become a disabling condition if they cause someone to miss too much work.

Filing for Disability Due to Migraines

When migraine headaches stop people from being able to go to work often enough that they lose their job, or that they leave work because they can’t keep a job, they should consider filing for Social Security Disability benefits. Although there is not a specific listing in the Social Security listings of impairments that covers migraines, there are many people suffering from the condition that have been awarded benefits.

Those that have been awarded disability benefits have usually done a good job proving that despite many attempts at treatment, their condition has stopped them from being able to work or sustain competitive employment. A firm medical record showing consistent treatment, and even a personal migraine diary, can both be part of proving your case.

Posted in Headaches, Neurological Disorders | 2 Comments