Nassau: 366 North Broadway Suite 410 Jericho, NY 11753
Suffolk: 445 Broad Hollow Road Suite 25 Melville, NY 11747
Call Us Toll-Free: (888) 572-0861 Email: jd@iwantmydisability.com
Many clients tell me that they have been told, even by attorneys who practice Social Security law, that it is very hard to secure social security disability (“SSD”) benefits based upon mental impairments. The truth is that while different standards may be used, obtaining benefits for a mental disorder is no more difficult than obtaining benefits for an equally severe physical condition. The problem may be that most people simply do not know how to establish the severity of a mental condition properly.
A 27 year old claimant came to me after his SSD application was denied on the grounds that his mental disorder was not severe enough to prevent him from working. I did a couple of things to help establish the severity of his condition. First, I had the psychiatrist assess the claimant ability to handle mental tasks. Second, because the assessment was rather severe, I then asked whether the claimant met a listing, which the psychiatrist said the claimant did. When a claimant meets a listing the claimant is presumptively deemed disabled. Third, I advised the claimant to start seeing a psychologist too. The psychiatrist concurred with the findings and conclusions of the psychiatrist. Thus, the claimant now had two very strong treating opinions regarding his limited mental functionality.
Because the findings and conclusions of the psychologist and psychiatrist were so supportive of the claimant’s diminished mental functional capacity, I submitted an request for an on the record (“OTR”) decision. The OTR was approved in less than two months. The end result is that the client avoided having to confront the stress of a hearing. Just as importantly, the claimant did not have to wait two years for a hearing before having his application approved
Previous NextDISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Attorney Advertising
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou