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4/9/2011
Dirk J. Derrick
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Requirements for Social Security Mental Disability

The South Carolina Department of Health has said that Americans with mental disorders have much higher rates of unemployment versus the general population. Because of this, people with serious mental conditions that render them unable to maintain or find work are able to apply for social security disability benefits. These benefits provide monthly benefit checks for the U.S. government; however, the Social Security Administration sets strict eligibility guidelines on the type and severity of mental impairments before the applicant can receive benefits.

The social security administration has defined the type of mental disorders that qualify for disability payments. Those types of mental disorders include organic, schizophrenic, affective, anxiety, somatoform, personality, substance addiction, and autistic disorders. Mentally retarded individuals also qualify for diability payments. A stipulation for receiving benefits is that any mental disorder or medication used to treat a mental disorder must severely limit the sufferer's daily activities and social functioning on an episodic of permanent basis to the extent that the person cannot obtain or maintain employment.

Another requirement for the applicant is that they must have a record of attempting to work before making their claim. This includes independent attempts to find employment or participation in a community health employment program. The social security administration does not require a set number of attempts, however, individuals repeatedly fired by employers for their behavior due to mental illness have a greater chance of successfully receiving benefits.

The next requirement is that the mentally ill individuals must provide documentation proving their inability to work. This includes a medical assessment of the severity of their illness, proof that the illness limits their ability to work, as well as a diagnosis from a psychiatrist or psychologist. The social security administration does allow intelligence testing or personality testing to prove a limit in cognitive functioning due to a mental disability. The side effects from psychiatric medications can also further limit a person's ability to work, but a medical professional must provide documentation of these side effects.

Lastly, there is a time frame to follow. According to the SSA, a disability must severely limit or have the potential to limit an individuals ability to work for a continuous time period of at least 12 months in most cases. If the person suffers from an anxiety or paranoid disorder such as manic depression or schizophrenia, a doctor must have diagnosed this disorder at least two years before the person applies for benefits. Also, a person who suffers from temporary mental episodes, such as bipolar mood swings, must suffer at least three episodes lasting at least two weeks in a one-year period, with an average of one severe episode every four months.

For more information on the guidelines and specific rules and requirements please visit the Social Security Administration's website: www.ssa.gov


If you are in need of a Myrtle Beach SC social security disability attorney, Conway lawyer Dirk Derrick at the The Derrick Law Firm has been handling social security disability cases in Myrtle Beach, North Myrtle Beach, and Conway SC for over 23 years. Please call 843-248-7486 today.

 

 

 

 

 

 

 

 



Category: Social Security Disability



The Derrick Law Firm is located in Conway, the county seat and the location of the Horry County Courthouse. Mr. Derrick serves clients throughout Horry County including those from Myrtle Beach, Cherry Grove Beach, Little River,  North Myrtle Beach, Atlantic Beach,  Surfside Beach, Garden City, Carolina Forest, Loris, and Aynor. The Derrick Law Firm also accepts cases from surrounding counties including Georgetown, Georgetown County, Marion, Mullins, Pawley's Island, Murrells Inlet, Litchfield Beach, Florence, and Dillon.  A substantial part of our practice is representing visitors to our area from other states.


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