Posts By: Oxner

Getting Social Security Benefits for Mental Disabilities

Struggling with a mental illness is a serious issue. If you’re someone living with a mental illness such as depression, OCD, anxiety disorder or bipolar disorder, then you know it can be a huge strain on your job as well as your personal life. Mental illnesses are often just as serious as physical ones. Fortunately, if you suffer from a debilitating mental illness that makes it difficult to perform your job, you can apply for social security benefits.

However, many people run into a significant challenge: It can be much more difficult to prove to a court the effects of a mental illness as opposed to a physical one. Today I want to share a few tips to keep in mind when applying for social security:

1. Show a History of Treatment
   Proving to the court that you have a history of coping with your mental illness is a good way to demonstrate not only the effects of the illness, but also your desire to get better. This will help your case tremendously.
2. Receive a Diagnosis from a Psychiatrist or Psychologist
   With any disability, the court wants to see that you’ve have sought an expert opinion. A psychiatrist or psychologist will have the training and expertise to give the court a solid basis on which to form their decision.
3. See a Doctor Before You File for Disability
   In order to be approved, not only will you need a diagnosis, but it will need to be a recent one. Remember that in the State of North Carolina, you’ll need to have seen a doctor within in the 90 days before you file.
4. Take All of Your Prescribed Medicines
   Not only does taking your medicine show your interest in improving your condition, it also allows the court to accurately assess your mental health. They want to be able to evaluate your mental state while receiving treatment.
5. Provide School Records If Filing for Long Term Disability
   If possible, it’s recommended that you submit your school records while filing for long term disability. This will allow the court to get a more complete view of your mental history. For instance, they’ll be able to assess previous testing you took, as well as show difficulties you may have struggled with in the past.

As with any case, the best thing you can do is to follow the advice of your attorney. They will be able to instruct you on what you need to submit and what you need to do before filing. At Oxner + Permar, we provide free, 30-minute consultations, so If you have any questions don’t hesitate to contact us.

Did you know that social security benefits cover mental illness? If you have any questions about how to apply for these benefits, be sure to contact an experienced attorney.

What Are My Chances of Winning an Appeal?

If you’ve filed for Social Security Disability, it can be devastating to find out your claim has been denied. Especially if you believe your claim has been denied unfairly. But denial is not necessarily the end of the road. There are steps you can take to appeal this decision. At this point, however, you might be wondering: Is it really worth the effort? What are my chances of winning an appeal?

Unfortunately, it’s impossible to say for certain. Every situation is different, and therefore, there will be factors and variables that affect everyone’s chances differently. I’ll give you a few statistics. When an appeal claim is at the reconsideration level, there’s an 85% chance it will be rejected. At the hearing level, there’s a 50/50 chance a claim will be rejected. However, there are things you can do to increase your chances. For one, hiring an attorney will increase the chance of your appeal succeeding.

There are many factors that are taken into consideration when reviewing your case — such as whether or not your condition has worsened over time. They will also likely look at whether or not you’ve been following the proper procedures. For instance, did you let Social Security know of any changes to your condition when you filed your appeal? Have you been keeping your files up-to-date, making notes of appointments and procedures? Have you complied with all requests made by the Disability Determination Services?

It is important to make sure that you are keeping your records up-to-date, and an attorney can help make sure that you’re staying on the right track. The presence of an attorney can increase your chances of your appeal succeeding, but it’s also a good idea to work with an attorney because we can help you navigate your claim and make sure that you’re doing everything to receive the benefits that you deserve.

At Oxner + Permar, we’re dedicated to making sure that you receive the care and compensation you need — and with more than $275 million in awards and settlements, we have the experience to protect your rights.