Social Security Disability and Mental Impairments
Psychiatric experts diagnose mental conditions using the criteria found in the Diagnostic and Statistical Manual of Mental Disorders (DSM). As such, Social Security’s requirements also conform to these criteria.
Once a proper diagnosis is made, the severity of the condition is considered based on how the condition affects functioning.
Many of these disorders can be found disabling if they prevent functioning outside of a highly supportive setting. Mental disorders can also be episodic and repeated episodes (3 a year) can also establish a disability, depending on duration.
Limited intellectual abilities
Some individuals with limited intellectual functioning are able to work in simple jobs until another medical condition worsens. This combination of problems can also be found disabling if IQ tests confirm the limited intellectual abilities of the individual.
We often request school records for adults who were in special education programs as a child and ask Social Security to perform IQ tests to establish disability.
We also ask family members to assist in establishing deficits in adaptive functioning (how well the person copes with common life demands).
Drug and Alcohol Addiction can be a problem
A common obstacle to establishing disability based on mental impairments is the patient’s concurrent use/abuse of illegal drugs and alcohol (DAA). This often shows up in medical records as a dual-diagnosis.
While both Social Security and the DSM include substance abuse as a mental disorder, Social Security will not award benefits for this condition if it is
material to the determination of disability.
This means that the decision maker will have to try to sort out whether the person remains disabled if they stop DAA.
Conditions covered under the Listing of Impairments include:
- organic brain problems
- psychosis
- mood (depression, bipolar)
- mental retardation
- anxiety (PTSD, panic, agoraphobia)
- somatoform
- personality
- substance abuse
- autism
Mental Disorders and disability
Helpful Questions
- Do you see a psychiatrist, psychologist or other mental health care provider?
- Have you sought treatment at MHMR?
- How does your mental condition affect your ability to perform:
Activities of daily living
Social functioning, or
Completing tasks in a timely manner
- Do you take medications and do you have adverse side effects to them?
- Have you ever been hospitalized for this condition?
- Do you have anxiety attacks? If so, what is the frequency and duration?
- Do you use alcohol or illegal drugs?
- Do you use illegal drugs or alcohol and then experience symptoms of other mental disorders?
- Do you use illegal drugs or alcohol to stop the symptoms of your mental disorder?
- Are you able to read and write?
- Have you had IQ tests performed?
- Were you in special education classes?
The Law offices of Suzanne Villalon-Hinojosa are located in Schertz, San Antonio and Edinburg Texas, serving all disabled Texans.
Copyright 2010 Law Offices of Suzanne Villalon-Hinojosa: Texas Social Security Disability. All Rights Reserved.
