Common Mental Limitations in Disability Claims

Securing Social Security disability benefits can be a long, arduous process for many. The process starts with an initial application. If you receive approval for your SSD benefits at that time, consider yourself very lucky, as only about a third of all initial applicants are approved. There are four levels of appeal following the initial application, including a reconsideration of your initial application—perhaps with additional information—a hearing before an Administrative Law Judge, a hearing before the Appeals Council, and a federal appeal.

While it can be difficult to obtain SS disability benefits based on a physical limitation, it can be even more challenging to obtain disability benefits based on a mental limitation. Having an experienced Social Security disability attorney from the Carmichael Law Group can make a significant difference in the outcome of your claim. We offer a free, comprehensive consultation and when we take your case you pay us nothing unless we secure benefits on your behalf. The Carmichael Law Group serves clients nationwide, so we can assist you with your claim no matter where you live. With more than 300 positive Google reviews, you can clearly see how we can help you with your disability claim.

What Are Mental Limitations in Disability Claims?

Perhaps you’ve encountered the term “functional limitations” as you work toward obtaining Social Security disability benefits. A functional limitation is an impairment or a restriction that prevents you from completing a normal work task. Your ability to work and make a living is determined in part by your functional limitations, which can be physical, mental, or environmental. Physical limitations are more easily spotted—perhaps you have difficulty sitting, standing, bending over, or picking up things that weigh more than a few pounds—although some physical limitations like physical pain, hearing issues, or vision issues are not so easy to see.

If you have asthma and cannot work in an environment that has significant dust or chemicals, this would be an environmental limitation. If your mental limitation in disability claims prevents you from working at your current job, and it is determined you cannot be trained for a different type of job, the SSA must pay you disability benefits. Your age, education, type of work, and length of time at your job will determine whether the SSA will believe you can train for a different type of work.

Mental and psychological disabilities can potentially qualify you for disability benefits from the SSA. Perhaps you have severe depression, an anxiety disorder, bipolar disorder, or another type of mental or psychological disability that prevents you from maintaining gainful employment. When the SSA conducts a detailed review of your medical records, they will be trying to match your medical records to a disability listing in the SSA book of medical conditions, sometimes known as the “Blue Book.”

To prove your mental disability, you will need medical documentation, records, and notes from any physicians you have seen that show your mental limitations make it difficult or impossible for you to work. The more medical evidence you have, the easier it will be for you to obtain disability benefits.

What Are the Mental Limitations that Are Likely to Be Considered in Your Disability Claim?

Mental limitations in disability claims are outlined in Section 12.00, which also discusses the severity level requirements and specific medical evidence required to support your mental limitations claim. The mental illnesses in this section include:

• 12.06—Anxiety-related disorders like severe phobias, panic disorders, post-traumatic stress disorder, or other conditions related to anxiety. Your anxiety disorder must be characterized by three or more of the following: sleep disturbances, muscle tension, irritability, difficulty concentrating, easily fatigued, and restlessness.
• 12.04—Affective disorders, such as bipolar disorder and other depressive disorders are characterized by five or more of the following: feelings of guilt or worthlessness, sleep disturbances, observable psychomotor agitation, decreased energy, appetite disturbances which cause changes in weight, diminished interest in virtually all activities, depressed mood, difficulty concentrating, or thoughts of death or suicide. If you have bipolar disorder, you must have three or more of the following symptoms: a “flight” of ideas, pressured speech, extreme distractibility, a decreased need for sleep, inflated self-esteem, involvement in activities with a high probability of painful consequences, and an increase in psychomotor agitation or goal-directed activities.
• 12.08—Personality and impulse-control disorders that may include severe, clinical depression