Mental Health and Social Security Disability
Proving the “Invisible” Disability
Many people believe that Social Security Disability (SSD) is only for physical conditions like a bad back or heart disease. This is not true. Mental health conditions are just as debilitating—and just as valid—as physical injuries.
At Philip J. Fulton Law Office, we know that mental illness often makes it impossible to maintain a schedule, interact with supervisors, or stay on task. However, because these conditions are “invisible,” the Social Security Administration (SSA) often denies these claims, arguing that you physically can work.
To win these claims, we must prove not just your diagnosis, but your functional limitations. We have successfully represented clients with severe depression, anxiety, bipolar disorder, and other cognitive impairments.
How the SSA Evaluates Mental Health
The SSA evaluates mental disorders under “Listing 12.00.” To qualify, your condition generally must result in “marked” or “extreme” limitations in at least two of these four areas:
- Understand, remember, or apply information (Following instructions).
- Interact with others (Dealing with the public, coworkers, or supervisors).
- Concentrate, persist, or maintain pace (Finishing tasks on time).
- Adapt or manage oneself (Hygiene, regulating emotions, paying bills).
Depression (Major Depressive Disorder)
Everyone feels sad occasionally, but clinical depression is a persistent medical condition that can leave you unable to get out of bed, let alone hold a job.
- The Challenge: The SSA often dismisses depression as “situational” (e.g., sadness due to job loss).
- How We Prove It: We look for long-term medical records showing a history of therapy, medication adjustments without success, and documentation of “vegetative symptoms” like insomnia, weight changes, and lack of energy that prevent an 8-hour workday.
Anxiety Disorders & PTSD
Anxiety becomes a disability when it prevents you from leaving your house or functioning in a workplace environment.
- Generalized Anxiety: Constant worry that prevents focus.
- Panic Attacks: Unpredictable, debilitating episodes that would cause excessive breaks at work.
- Post-Traumatic Stress Disorder (PTSD): Common in veterans and accident victims. Triggers (loud noises, stress) can make a standard work environment impossible. We work to document your specific triggers to prove there is no job environment suitable for you.
Bipolar Disorder
Bipolar disorder is characterized by extreme mood swings—from manic highs to depressive lows.
- The Challenge: You may have weeks where you feel “great” and productive (mania), followed by months of inability to function. The SSA may look at your “good days” and say you can work.
- How We Prove It: We emphasize the unpredictability of your condition. Employers need consistent attendance. If your condition causes you to miss work 3 days a month unexpectedly, you are generally considered “unemployable” by vocational standards.
Schizophrenia and Psychotic Disorders
Schizophrenia often involves hallucinations, delusions, and disorganized thinking. Even with medication, the side effects (lethargy, “brain fog”) can be disabling.
- Compliance Issues: We understand that part of the disease is often a struggle to stay on medication. While the SSA requires you to follow treatment, we fight to explain that gaps in treatment are often a symptom of the disorder itself, not a refusal to get better.
The Importance of Treatment History
If you are not seeing a psychiatrist, psychologist, or therapist, the SSA will deny your claim. They generally do not give much weight to a diagnosis from a family doctor. You need a specialist.
If you are struggling to find care or afford medication, let us know during your consultation. We may be able to point you toward community resources.
Do Not Let a Denial Stop You
Mental health claims are frequently denied on the first application. This is often because the SSA adjudicators do not see the full picture of your daily struggles.
Our attorneys know how to cross-examine medical experts and Vocational Experts to prove that your “moderate” limitations actually prevent you from sustaining gainful employment.
Free Consultation with a Columbus SSD Attorney
We treat our clients with compassion and respect. If your mental health prevents you from working, call us today at Philip J. Fulton Law Office at 614-963-9569 or contact us online. We charge no fees unless we win your benefits.