Disability benefits are paid by the Social Security Administration (SSA) in two different forms: supplemental security income (SSI) and Social Security disability (SSD) benefits. If you are suffering from a mental disability, however, you may apply for either type of disability benefit, based on whether you have sufficient work credits to qualify for SSD or sufficiently low income to qualify for SSI. If you believe that you or a loved one may be eligible to receive Social Security disability benefits on the basis of a mental disability/illness, or if you have already applied for such benefits and the application was denied, it is important for you to speak with an experienced Tampa disability attorney for appropriate legal guidance. Your attorney will review your claim and assist with making a persuasive argument for benefits.
Unfortunately, mental disability claims are routinely denied. Still, with the help of a skilled disability benefits attorney, a denial is less likely. It is important to note that when your claim gets denied, that does not end the process. If the denial was unfair or otherwise unjustified, you may challenge it. To pursue a reasonable and persuasive challenge, however, it’s important to understand what justifications the SSA commonly uses when denying mental disability-related benefits. Below are some of the reasons why your claim may be denied.
Your Medication is Effective Enough to Allow You to Work
If your mental disability or illness can be effectively treated and controlled with medicine, your application may be denied. Why? When your mental issues can be sufficiently controlled such that your work will not be affected, then your claim for benefits has no real basis. Benefits are generally awarded to those who suffer significant work-related issues as a consequence of their mental disability or illness. However, if your treatment plan is effective, but not 100 percent effective, you may still be able to get benefits. Accordingly, you are encouraged to speak with a Tampa disability attorney for guidance on how to complete an application that emphasizes your specific issues.
You Have a Bad Compliance Record
Your claim may be denied if you have not complied with your doctor’s recommended treatment protocols. For instance, if you have been provided medication to help treat your mental illness, but you refuse to take it, you will not be able to receive benefits. Again, your illness must cause work-related issues despite you having complied with treatment.
You Don’t Have Any Medical Proof
Without sufficient medical documents regarding your mental disability/illness, your claim for benefits won’t be persuasive enough. You will not get benefits if you merely apply for benefits on the basis of a mental disability or illness without having proper medical proof showing that you have sought help for it previously or, at least, that you have been identified as a sufferer of such illness or disability. Successful claims tend to include persistent diagnostic and treatment records that have little to no missing documents.
You Lack Support from Medical Experts
As noted above, you can’t simply claim that you have a mental disability and get benefits. A successful claim for disability benefits on the basis of mental disability calls for a medical expert (or several experts) to offer an opinion that says you are, in fact, suffering from the issues that form the basis for your claim and that these issues are likely to cause work-related problems.
Let a Tampa Disability Attorney Help You With Your Claim
If you are seeking benefits for your mental illness-related disability and you’ve been denied, help is available to you. Speak to our Tampa disability attorney today to discuss your rights under the law.