Anxiety Disorders Can Lead to Social Security Disability Benefits

Posted on December 3, 2010 by Editorial Board

Anxiety is a very normal reaction to everyday stress.  It is a natural reaction that helps you cope mentally and be prepared in any given stressful situation. Problems occur, however, when the stress experienced becomes excessive and prolonged, and this can lead to psychiatric problems related to excessive anxiety.

Anxiety disorders are classed as Organic Mental Disorders and are said to be the most common psychiatric disorders experienced. There are five generally recognized types of anxiety disorder.

Types of Anxiety

  • Generalized Anxiety Disorder (GAD)
  • Post Traumatic Stress Disorder (PTSD)
  • Obsessive Compulsive Disorder (OCD)
  • Social Phobia Disorder
  • Panic Disorder

Anxiety disorders generally invoke both emotional and physical symptoms. For example a person suffering a panic attack may exhibit sweating, dizziness and shaking as well as experience fear and apprehension in situations where these reactions are not normally experienced.

The symptoms and effects of anxiety disorders, while not taken seriously by much of the general public, can be debilitating to those who frequently deal with these challenges.  Long term anxiety can lead to social dysfunction and an inability to function normally in everyday life.

Some cases of anxiety are mild and that level of symptoms gradually disappear without any formal treatment.  Untreated anxiety can sometimes become a very serious problem, when left untreated it may lead to many other problems.  If addressed properly, anxiety disorders can usually be treated with a combination of medication and counseling therapy, but there are occasions when the condition can become out of control and unresponsive to even more active treatment.

A basic self test known as the Beck Anxiety Test can be used to assess the severity of your own anxiety and determine whether it runs the risk of becoming a problem.

If you suffer from severe anxiety that keeps you from working you may want to consider filing for disability benefits.  Keep in mind that organic mental disorders like anxiety are recognized as serious impairments, enough to be listed in the Social Security Administration’s impairment listings manual, or “Blue Book.”   If your anxiety is as severe as the listing requires you have a good chance of being awarded Social Security Disability benefits.  Even if you do not meet or equal the listing you could still be awarded benefits if your condition is severe enough that you cannot sustain employment.

If you have been denied already, or you do not think your anxiety meets the listing level then consider talking with a disability lawyer to help develop multiple theories (ways you could be awarded benefits) for your case.  Disability attorneys or law firms typically only get paid a fee if you win your disability benefits, and it will not cost you anything out of pocket to get started.  Getting experienced help on your side may get you a better result dealing with the specific rules of the Social Security Administration.

Posted in Mental Conditions, Winning Disability Benefits | 4 Comments

What Are the Social Security “Listings”?

Posted on December 2, 2010 by Editorial Board

The listings are rules that apply to specific medical conditions.  They direct a finding of “disabled”, meaning that Social Security must award disability benefits when the evidence shows the claimant has all of the necessary parts of a listing.

The listings are meant to cover a wide range of physical and mental disorders.  For example, there are listings for diabetes mellitus, anxiety disorders, disorders of the spine, and chronic liver disease.  Most disabling medical conditions can be evaluated under a listing; though some conditions, such as migraine headaches and fibromyalgia, are not covered in the listings.

Your medical records are key in determining whether you meet a listing.  Your testimony and written statements can help prove that you meet a listing, but some medical testing supporting your case is absolutely necessary.

The listings are considered at step three of the five-step disability evaluation process.  If you meet a listing your ability to perform your past work or other work is not even considered.  Meeting a listing is conclusive proof of your disability

Even if you do not meet a listing you can use the listings to your advantage.  If the evidence shows you are close to meeting a listing this suggests that your condition is severe, especially if you have additional medical conditions that affect your ability to work.

You can also argue that you “equal” a listing.  A disability judge can decide that you equal a listing when you don’t meet all of the parts of the listing but other evidence in your file is strong enough to fill in for the missing parts.

Posted in Basics of SSD, Legal Concepts in SSD, Questions & Answers, The Listings (Step 3) | 2 Comments

What are the Grids?

Posted on December 1, 2010 by Editorial Board

The Grids are a set of rules that help simplify the disability determination process.  If your case falls directly under a Grid rule then that rule determines whether your case is denied or awarded.  The Grids help older disability claimants because they recognize that it becomes harder to adjust to new and different work as you age.  The Grid rules also involve your education and work experience.

In many cases the Grids don’t apply because they only cover the simpler cases.  Most disability claimants’ cases are complex, involving several medical problems, symptoms, and medication side effects.  The Grids only consider whether you are limited in your ability to sit, stand, walk, and lift and carry weight.  If your conditions affect your ability to concentrate, deal with people, use your hands for grabbing and handling objects, or function in other ways then the Grid rules don’t apply to your case.

Let’s use an example to show how the Grid rules work.  Joe Claimant was injured when he was forty-nine years old.  He filed for disability immediately and turned 50 while his case was awaiting a decision.  Joe has a leg injury that prevents him from standing for more than 30 minutes, and he can only do seated work.  He cannot lift or carry much weight.   Joe’s injuries don’t cause any other limitations.  He is a high school graduate and his only past work was as carpenter.

Joe will win his case, but his benefits will only go back to his 50th birthday.   Before his 50th birthday Grid rule 201.27 states that Joe’s case must be denied.  When Joe turned 50 his case fell under a different rule, Grid rule 201.12, which states his case must be awarded.

There is a way to stretch the grid rules.  One of the secrets of Social Security disability law is the disability judges’ “deeming” ability.  Joe or his attorney can ask the judge to consider Joe to have been 50 for up to six months before his actual 50th birthday.  That is, they can ask the judge to “deem” Joe older than he really was, giving him a larger back award.

Getting a judge to use their deeming powers can be tricky.  The best method is to make an agreement with the judge to change the date you are claiming your disability began.  The result is to make it easier for the judge to write their decision while increasing your back award.

Posted in Capability to Work (Step 5), Legal Concepts in SSD, Past Relevant Work (Step 4), Questions & Answers, Vocational or Work Issues, Winning Disability Benefits | Comments Off on What are the Grids?

Seizures Can Be a Disabling Medical Condition

Posted on November 30, 2010 by Editorial Board

A seizure is essentially a disruption to normal brain activity which can change the movements, behaviors or feelings of the person who is having the seizure. The brain and central nervous systems are continually sending and receiving messages all around the body. Sometimes there is a problem with these messages or they are disrupted. When this happens a seizure can occur. While the severity and occurrence of seizures vary from person to person, they qualify as a disabling medical condition for some people.

There are many different types of seizures. When most people think of a seizure, they imagine the kind where a person convulses on the ground. There are other types of seizures as well. An absent seizure will occur when a person will zone out, so to speak. During an absent seizure a person will stare into space on not be reactive to their environment. Absent seizures can often go unnoticed by other people. During a Tonic seizure, a person will stiffen and fall to the ground, losing control of their movement. They will not convulse, but rather lie flat and unmoving.

Many people who suffer ongoing seizures will be diagnosed with epilepsy. Fifty percent of people with this diagnosis will continue to suffer from seizures for most of their lives, while others may never have another seizure again. It is difficult for doctors to be able to tell if and when a person will suffer a seizure.

It is often hard to pinpoint the exact cause of a seizure. There can be many sources such as a head injury, a medical condition, abnormalities of the brain, drug use, or even genetic factors. Many times there is a certain trigger for a seizure, such as a period of fatigue or stress.

Treatment of Seizures

There are many drugs which can help alleviate the occurrence and severity of seizures. While this is an effective management approach for some, it will not be effective for all. For those who suffer any type of seizure, there is a serious chance of causing harm to themselves. Many are unable to drive or operate heavy machinery. This can hinder a person’s ability to work and produce an income. For others, the fear of having a seizure prevents them from taking part in normal activities within their family and community.

Why Seizures Are a Disabling Condition

If you suffer frequently from seizures, it is likely that they will have a detrimental effect on your lifestyle. However, many people who attempt to file for disability are not successful. Not everyone with seizures has the same level of problems from their seizures, or the level of frequency of occurrence.  For many people who have serious or frequent seizures, despite their being compliant with medication, they will be seriously limited in their ability to work and produce an income which could make you a stronger candidate to receive Social Security Disability or SSI benefits.

Posted in Neurological Disorders | Comments Off on Seizures Can Be a Disabling Medical Condition