Not Having Representation at Your Social Security Disability Hearing is a Mistake

Even though Social Security Disability hearings are conducted in a relatively informal manner, they are still legal proceedings concerning a very serious issue in your life.  If you are filing for disability benefits your livelihood is at stake, and you are trying to replace your income because you are no longer able to work.  Few things are more serious than your ability to support yourself and your family.

The Administrative Law Judges (ALJs) who conduct Social Security Disability hearings for the Social Security Administration (SSA) are generally nice to unrepresented claimants.  But the first thing they must do with an unrepresented claimant, is to warn them that they probably should not proceed with the hearing without representation.

Why is it Dangerous to Represent Yourself at a Disability Hearing?

Preparation and experience are key to a successful hearing.  In another article I have already discussed how to prepare for hearings, and why that is essential.  You need to understand the law, and the rules of the SSA to be able to navigate through the hearing.  If you have not had deep experience with the laws of disability then it’s not a good idea you make your first attempt at it in such a serious case.

Remember, your livelihood is at stake in a disability hearing.  You are trying to get your future income secured now that you can no longer work.  Do you really want to risk your future over the reasonable fee you would pay an experienced disability lawyer to represent you at your hearing?

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Bipolar Symptoms that Demonstrate Severe Cases

Everyone has their ups and downs, our “on” and “off” days. But for a person who suffers from Bipolar Disorder, these ups and downs and ons and offs are very severe.

It affects your job performance, school studies, relationships and completely disrupts your daily life.

Bipolar disorder can  come in many levels and some cases are more severe than others. Formerly called manic depression, this mental health issue is classified as a mood disorder within the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV).

Severe symptoms of Bipolar Disorder can also include phases of depression. At times, these phases are more frequent and can last longer than the manic episodes. Sadness and misery are normal reactions to depression. Loss of pleasure in any fun activity is also another reaction.

Loss of energy, excessive sleeping or lying in bed during these episode phases are the norm. Some people also experience an extreme decrease in libido.

Here are the major components of bipolar disorders:

・ Manic episodes – Extreme elation can often be associated as a manic phase of people suffering from Bipolar Disorder. They are often quite talkative and very productive. Sleep does not come easy for them and the person can also be extremely reckless and impulsive at times. Spending vast quantities of money and making spontaneous and outrageous decisions is very common. They can also be extremely creative and have a huge imagination.

・ Depression episodes – Phases of depression are also experienced by people with Bipolar Disorder. Phases of depression are more frequent and can last longer than manic episodes. While suffering from depression, the patient suffers extreme misery and sadness. At times they feel uncared for or worthless.  Feelings of pleasure are lost in most activities for many depressed people.

Depressed people also rarely leave the house, and don’t socialize much with friends or neighbors.  They usually experience excessive crying throughout their week. Weight loss is sometimes exhibited as well due to a lack of appetite and energy.  During these depression phases, people spend a great deal of time either sleeping or just lying in bed.

Suicidal thoughts are clearly another extreme symptom for a sufferer of a Bipolar Disorder. Being suicidal is obviously a deep despair, or total sense of hopelessness that require professional help and treatment.  Often feelings of indifference and self-loathing are also part of this disease.

Mania, almost the opposite of depression, is the other principal symptom of someone with Bipolar Disorder.  Mania can cause extreme creativity and productivity, but also have other reckless behaviors.  Some famous people have suffered from Bipolar Disorder. Edgar Allan Poe and Ludwig van Beethoven, were both thought to produce much of their work during Manic episodes.

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What are Anxiety Treatment Options?

A condition must be both severe and long-lasting in order to qualify you for disability under Social Security guidelines, so it is natural to wonder if there is any hope of recovering enough to return to work. If you are receiving Social Security disability benefits due to anxiety, you have been found incapable of meeting the basic mental demands required by a job, and it is expected that you will be unable to work for at least one year.

Can treatment for anxiety during this time help you recover enough to go back to work? Happily, in many cases the answer is yes. There are a variety of treatments for anxiety, and which one is right for you will depend on the cause of your anxiety.  If you win disability benefits Social Security can review your case at a later time to see if you are well enough to work, but those reviews are infrequent.

In some cases, anxiety is a symptom of another physical illness. There are many physical ailments that can cause anxiety, from heart conditions to hyperthyroidism. A physical cause of anxiety is one of the easiest to remedy, and in many cases you can expect a full recovery by treating the underlying condition. However, if you have qualified for SSDI because of anxiety, it’s likely that your doctor has already ruled out an underlying physical cause.

If the cause of your anxiety is psychological, you may not be able to pinpoint an underlying cause. In that case, you will need to work with your doctor to manage your symptoms. One particularly effective method is Cognitive-Behavioral Therapy (CBT). CBT will teach you skills that research has shown to be effective ways of managing anxiety. You will learn to use these skills whenever and wherever you need them, so you can cope with anxiety symptoms anytime they surface. Treating anxiety disorders with CBT has a success rate of around 80%. Not only is CBT effective, it also requires less treatment time than many other methods, averaging just 16 visits with a therapist.

Medications are another option for controlling anxiety, and are best used in combination with psychotherapy such as CBT. Drugs that reduce symptoms of anxiety include benzodiazepines (such as Valium and Xanax), SSRIs (antidepressants such as Prozac and Zoloft), and beta-blockers. Benzodiazepines are rarely prescribed for longer than 6 weeks due to the possibility of addiction, but they can be extremely effective in combination with psychotherapy.

Anxiety can be very debilitating, but is one of the most successfully treated of all mental health issues. With appropriate and consistent treatment from a professional, it is possible to reach a point where your anxiety is no longer disabling. Although you may never be cured of your anxiety, learning ways to manage the symptoms and causes can certainly make you well enough to go back to work.

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Not Following Your Doctor’s Orders on Medications & Treatment is a Mistake

The laws of the Social Security Administration (SSA) that are used to decide if you are disabled are detailed and complex.  However some rules are pretty easy to understand.

If you are considering filing for disability benefits it’s important that you understand that you should be doing everything you can to get well enough to work.  The people deciding your claim are likely to be more sympathetic to someone who is doing everything possible to get well, but still cannot work.  If you have given up and are not in treatment, or you are not compliant with the treatment your doctors are ordering, it could be the basis for you being denied benefits.

Social Security Prefers You Are Compliant With Treatment

Your medical non-compliance could be the basis for the Administrative Law Judge (ALJ) who hears your disability hearing to deny you.  If the ALJ can make a reasonable argument that if you took the medicine as prescribed you would not be disabled, then even if you are now disabled you could be denied.  That means the ALJ has the power to say your disability is due to your non compliance.  As with illegal drugs or alcohol abuse, if the ALJ finds you disabled but has reason to believe it’s because of dependency issues, you could be denied.

Being Sympathetic to the ALJ

You will be much better off in your hearing if you go to all of your doctor’s appointments, take your medicine as prescribed, and follow treatment guidance as ordered, rather than appear as someone who just doesn’t seem to be following their doctor’s orders.  Even if the ALJ doesn’t think your non-compliance is the reason why you are not disabled, it could cloud their impression of you, and hurt your credibility.

You need to take responsibility in this area and do everything you can to help the ALJ who conducts your hearing see that you are a reasonable person who deserves some sympathy.  You will improve your chances of winning disability benefits if you don’t give the ALJ any reasons to think you are contributing to your disability.

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