TIP! Best Evidence of Mental Health Disability - Schizophenia, Psychosis, BiPolar Disorder etc
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- čas přidán 27. 05. 2023
- TIP! Best Evidence of Mental Health Disability - Schizophenia, Psychosis, BiPolar Disorder etc
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As always, all statements in this video and elsewhere online are general information only, do not constitute legal advice and do not create an attorney client privilege. To obtain legal advice, retain a lawyer. Visit us at joydisability.com
Stephanie Joy has been practicing Social Security Disability law EXCLUSIVELY, no legal dabble elsewhere, since 2005.
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I have my hearing next tuesday on the 7th. Struggled with Severe Depression, Severe Agoraphobia, Social Anxiety, Mood Disorder, etc since around age 12 .. lost my of 2017-2020 due to covid and my mental state has tanked worse and worse each year .. to where my therapist and doctor wanted me admitted. I'm hoping the judge understands my situation and grants my disability.. especially since I paid into it and it's literally my money to help me in situations like this. I need help to get my life on track and to focus on ny mental health .. can't do that when I'm stressing every day all day about whether or not I'll be able to eat, feed my dogs, etc. It's a struggle...
Do you have an attorney rep to help you at hearing I presume?
Great video! My brother lives with bipolar and has a disability hearing coming up in August. These tips are very helpful!
Fingers crossed for him, Julie. I wish him much improved health though, nonetheless. I hope you a meaningful and enjoyable Memorial Day!
@@AllThingsSocialSecurity Thank you!
ive been dealing with the roller coster since 2010, had a mini stroke in 2017 do to meds an stress mostley the ex-wife then my diagnosos changed after she left from Bipolar 2 to PTSD-Narsistic abuse disorder, depression, anxiety. since she left my names been ran through the dirt only job a found only lasted a year. tried going back to a drilling rig, don't have the strength anymore, then found a sales driving gig 4 days a week but still 20+ hours a day lasted till the jab mandate doc told me no but wouldnt sign paperwork or would lose licence it california which brings me to present day ive applyed to 1000's of jobs nothing but you dont speak spanish, im living on savings that almost gone, i dont want to lose my kids the 3 days i have them this last 6 year is the longest ive seen them ive always worked way to many hours to keep there mom so what happy if you get my drift, my parents had me apply 2 time for disabilty ive been denied for no doc all the docs ive seen have retired or left the ccountry so im on the waiting game now to see what doc i get with medical.
Michael, have you considered a less arduous job, low stress job? Earn less but downsize and take the stress off the mind?
It was VERY hard to get SSDI for bipolar when I was 30. I had 8 hospitalizations at that point and I still had to go to an ALJ. Every CDR has been long form and at 50 I had to see a SSA psych. Last year at age 53 was my first short form CDR.
I got SSDI without a psychiatrist, though, and have never been to one while on SSDI. Just an MD that prescribes the meds which is likely why I had the long form CDRs and the exam.
Thank you for this share! And I am sorry for your medical problems - it cannot be easy. I am surprised they are accepting as gospel the family guy, who is not a mental health expert, since you don't mention needing any more hospitalizations (which for some would represent improvement, particular since you don't even require mental health treatment per se, beyond what a family dr prescribes) but I am glad for you!
@@AllThingsSocialSecurity I'm likely on an FBI watch list for what I wrote in my long form CDRs. That likely had something to do with it.
@@user-my4fu3os2p Ouch! But, apparently many of us may be... I may be a parent ______.
Regardless, no psychiatrist for 24 years. Sent to one in 2020 and no issues.
@@user-my4fu3os2p those hospitalization must have told quite the story. When it is, it is. Hope you are well this weekend!
My thing is if you weren't being treated by your own Mental health Dr and the SSA sends you to A CE, and it is determined that there is Mental health issues then another Mental health DR opines over the CE at the determination level, and then they say no treatment to support the record, but they paid for you to see their CE Mental health expert but doesn't accept the opinion that's in your favor.
The difficulty is not usually determing the impairment, but whether it is severe and THEN, is it severe enough to be limiting in functions enough to prevent the class of occupations you'd otherwise be able to do based on your physical capacities.
You say the CE report was in your favor? What did it say that you can confirm would eliminate all otherwise available jobs of the 12000+ jobs that must be considered? Do you know what you are looking for in that report and what you must look at in addition to it to get to the answer?
Know also, the SSA need not embrace the opinion of the "independent" (uh hum) CEs... so if one said, say, that a person needs to be institutionalized, and the other records show he can function minimally but sufficiently without institutionalization, and that he could do a simple unskilled low stress job not involving the public, then the CE may not be taken as reliable/credible.
And no treatment records, combined with say, being able to sustain oneselve in the community, could very well show the realities of a person able to function enough for the 5th grader jobs (thereby not being unable to perform ALL).
There are many many factors that get considered.
homelessness and police and stealing arrested past felony jail what else does someone need fuck
Medical evidence primarily, throughout the period in question, as a general rule. It can be a catch 22 though, as often the severely mentally ill do not have the capacity to follow with medical and so they have no evidence of current medical/mental condition.
Hi all, in light of one person's confusion of best evidence with something it is not (such as Listing requirements, RFCs, etc), I provide this addendum - and my apologies if anyone else was confused. In case anyone else needs further explanation of what we mean when we talk about evidence, different kinds, and how some are generally (remember, everything is general because all cases are unique) stronger forms of evidence to prove a particular fact than other weaker forms of evidence. Here is an addendum: czcams.com/video/PMkZKjxfU9k/video.html
ALL evidence adds crumbs to the cake, some just add more - and since we can't win if we only have 1/2 a cake or 90% of a cake when ALJ time comes, we want as much as we can get, and stronger brings us closer to a winning case than weaker. Weak evidence or that which fails to show severe, severe, severe limitations to life, even though evidence of an impairment, will make for a likelihood of loss of case. So better to know which evidence is which, yes?
How does everything change when you turn 50? I am on SSDI now and will be 48 years old soon. I realize that until full retirement they may still do CDRs but I realize that things change at age 50. Do they change sooner than that in some cases? Your channel is really helpful BTW.
GREAT question! Everything does NOT change when you turn 50. And nothing changes for YOU at 50. Rather, for claimants, we we age, the law recognizes at a certain point an aged person naturally, and generally, is less able (not unable) to adjust to other work he has never done before. So to the point that question of other work one can do, the minor tweak at 50, recognizing that some jobs may be off limits due to adjustment issues (vs. physical), eliminates some of the 12000 jobs that a claimant has to prove he cannot do for medical reasons. However, it does not eliminate many/most and he must still medical prove the others are off limits too.
I say as long as I have to be on Invega Sustena I’m disabled
Well, what you and I say is not what makes up the law or fact, so it generally depends on whether a person's treatment, like other impairments; treatments, works sufficiently to allow him to work some simple full time job or, if it does not, but does help him have functioning for a better life, but not so much as to reliably and satisfactorily to an employer, attend to a full tme job. Many folks with significant mental health conditions, with proper treatment, are fortunate enough to get out there and self-sustain, but not all, so each person is different with their own unique case and evidence.
The psych test was so short do they mail you results from psych and medical. I have not gotten them
Nope, they do not. Your attorney can get it though from ERE immediately.
Takes about 5 months after being diagnosed by the social security Dr, then you will receive a check in your bank. I’m writing to you because I helped my daughter .
@@matchie01sc Hmm, that is very slow. I usually see a determination within about 10 days, NORMALLY, but during these slow times, I may have had one go as long as 30 days. Not sure why your daughters took such a terribly long time. It may be that her medical records were continuing to be born but if you daughter didn't provide them timely (the updates) and SSA decided (thankfully) to order a second round itself (vs. just making determination good or bad without on the first). Glad she eventually prevailed, although sorry it took so long though.
Is it easier to get SSI when you have more than one disablity? I have 3 mental disorders and a bad knee. Torn meniscus, osteoarthritis. Everything is being treated with 6 medications for mental disorders and 2 hospitalizations, and a partial hospitalization program and right now, I'm in a group therapy. We meet every Monday. I'm 47.
Hi Bobby, if the 3 impairments cause more functional capacities for relevant work related tasks, then 3 makes a stronger case than less than less than 3 if none of the impairments alone, make you unable to perform all 12,500 jobs (in a nutshell). The MH limitations that prevent doing certain M tasks required in a job, or several, or all, combined with a bad knee that may prevent a job that is largely walking/standing, will certainly reduce. The key may be, does the MH symptoms (proven) interfere with the mental tasks required of EVERY job, including unskilled. When I get time, I will do a video on that those M tasks are the are required of ALL jobs, such that it there is a substantial loss in the capacity to do one of those M tasks, a person is disabled legally. I rely on those rules tremendously, when proving disability in a younger person with severe mental impairments.
Fingers crossed for you Bobby, and a prayer too, that you prevail sooner rather than later. 1 on 1 therapy on to of group may be important evidence on top of the psychiatric medications management.
I take serious issue with much of what the speaker said. No where in the A,B,C Listings Criteria does it read that inpatient psychiatric treatment is required to be found disabled. Residual Functional Capacity has nothing to do with inpatient stays. What we have here is gatekeeping by SSA DDS employees and judges. Instead of standing up for disabled claimants and people in general certain lawyers including the speaker relent to the gatekeeping and extra, fabricated requirements. This is sad.
Hi StLouis, I am sorry you are having an issue. I believe you have misheard what this video is about. We are NOT talking about the Listings, so perhaps re-listen. No one said any particular mixture of evidence is absolute. In fact, I think I reiterated more than once, that these are general concepts - there are many ways to skin this cat. We are talking about EVIDENCE and what in practice is stronger vs. weaker evidence, if someone wishes to know. For those like yourself who do not want to know, all good. Go read the Listings and enjoy. That is the easy part of course. A claimant cannot change or adjust listings, nor RFC results, but often he/she CAN help himself by helping his evidence, or understanding what evidence tends to be more persuasive than other in evidencing the element of an SSD claim sought to be proven. I cannot tell you how many people become distraught when they have a claim that they lost because they lacked evidence of severe mental limitations. What WOULD be such evidence? they ask. Well, here is SOME.
Treatment IS a a major factor in evidentiary value, and I am very sorry if you are not discerning what we are discussing here. If I can help clarify anything, please do let me know (please be respectful of course.) Certain treatment only occurs when an impairment, physical or mental, hits a certain level of severity or intrusiveness into quality of life. Other more garden variety treatment is had by 50% of the working population. The latter will be less evidencing of disabling severity than some of the former, of course. Your confusion on what this is about, that is OK. I don't profess to be able to speak all languages and I cannot meet the needs of all when it comes to providing information in a manner all can absorb. If I help 1-2 here and there, I am satisified, although the more the better of course.
And for the record, I am not SSA, DDS employee or an ALJ :) Rather, I am a private attorney advocate who has practiced full time, only federal SSD/SSI, for nearly 20 years, with litigation and evidence based state practice prior thereto. But if you want to learn more, I urge you to study up on EVIDENCE and how that differs from the elements necessary for a fact-finder to come to his/her conclusion. Mind you, that concept is not limited to SSD/SSI cases, but it certainly holds here as well.
I hope you have a wonderful and meaningful Memorial weekends and that you retain your benefits if you have prevailed in a claim, for as long as you remain disabled, if you are disabled. Maybe simmer your jets against those of us who are actually putting out information in the very field we practice in, vs. the plethora of clickbait silliness I see on YT for people trying to inflame others about SS to get them to view. That is clearly not me. My videos are boring, short, and off the cuff b/c my work day is, well, in the way ;) They are only intended to share bits here and there of 20 years of knowledge. Be well.
@@AllThingsSocialSecurity Thank you for your work and help/knowledge/insight!
@@AllThingsSocialSecurity to add to Stephanie's response, winning SSD is all about the evidence. Mental health issues cannot be imaged using an MRI or CT so there is no way for a Social Security adjudicator or judge to evaluate the degree of your impairment without evidence of severity. Add to the mix the pressure SSA decision makers get from Congress who seem to believe that most disability claims are fraudulent. The end result is that if you hope to win disability based on a mental health condition, your medical record needs to include things like in-patient or extensive out-patient mental health hospitalizations, suicide attempts, and multiple failed medication trials. If you can't afford mental health treatment, you are out of luck. The bottom line is that winning SSD based solely on a mental health condition is extremely difficult. I have represented many such claimants who, in my opinion, would never be able to hold a job but who were denied mostly because they could not afford to obtain the treatment needed to build a record that would satisfy SSA.
@@redmilitant1559 Is what a 'requirement', Red? (Also, remember, SSI and SSDI are FEDERAL, not state law programs.)
@@redmilitant1559 Can you clarify? Is police records required for what?
Where is the one on why a diagnosis won't do it? I imagine it would not do it on its own without supporting evidence to corroborate the diagnosis. I guess if it is a diagnosis it should hopefully mention any signs of the disabilities. Signs are what people are able to notice When it comes to mental disabilities there may be some signs that are not immediately noticeable. You may have to talk with that person and see if those signs show. It is not like an injured leg or bad back where you are likely to see some sign of it easily. Some mental disabilities can remain hidden and that might hinder the finding and diagnosis of them needed to help that person.
You are so very right!
There is a share a while back about Dx isn’t all that and even more recent about what makes a DX, then an MDI, then a severe MDI… because we need that last one.