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Ginsberg Law Offices

Month: October 2007

What Kind of Medical Evidence is Needed in a Depression Disability Claim?

I see that a Social Security claim cannot be approved based only on self-reported symptoms – that there must be medical evidence such as tests.

What happens in the case of depression, where there are no tests? I have been in therapy for 10 years and taking antidepressant medication, but my
symptoms are pretty much all still self-reported.
–Deborah

Jonathan Ginsberg responds:  Deborah, thank you for your throughful question.  Firstly, please recognize that there are tests that can be used to evaluate depression.  Psychologists regularly use these tests to evaluate the symptoms, the severity and the legitimacy of a depression complaint.

Along these lines, you will need support from one or more treating physicians, psychologists or therapists to help you win a disability case.  Impairments in Social Security cases must be "medically determinable" and SSA expects to see on-going treatment and reports from a treating source that are consistent with your complaints.

In the case of a mental health complaint, SSA will usually send you out for a consultative psychological exam, but I would want more than one consultative exam if I was representing a claimant suffering with depression.

[tags] depression and social security, mental health disability [/tags]

My Work History Has Not Been Consistent – Can I Still Claim SSDI Benefits?

I was diagnosed last Thursday by my neurologist with post traumatic stress syndrome resulting from three MVA’s.  I have other related injuries and have tried to do several jobs, after a long career, and cannot do it.  Is there any relief for me?

I did pay into social security from 1982 to 1989 but from 1988 to 2005 was in the school system that did not pay in.  We did pay in to medicare, etc. however. 

Am I eligible for any benefits?
–Jeff

Jonathan Ginsberg responds:  Jeff, you will need to find out if you are eligible for Title II SSDI.   Eligibility is based on what you have paid into the system.  You will need to show sufficient earnings credits in 20 out of the 40 calendar quarters prior to your disability onset date.  I discuss the Social Security earnings credit requirements here.

You can also call Social Security at 800-772-1213 to ask about your date of eligibility for SSDI and your date last insured for SSDI.  Be aware – sometimes the information given by the SSA operators is not up to date.

You can also request your earnings statement by completing SSA form 7004, which you can download here.

If you have enough earnings, you will then need medical support from a treating doctor or mental health professional that your condition is severe enough to prevent you from performing any type of work.

If you do not have enough credit hours, you can still apply for SSI, but in an SSI case your monthly benefit is capped and your household income and assets may offset your monthly SSI benefit.

[tags] earnings requirement for SSDI, SSI vs. SSDI [/tags]

Hernia Patient Asks if Her Case is Strong

i have a medical max of no lifting, pushing, pulling of no more than 5lbs.  i have had multiple hernia operations.  i have worked in the capacity of housekeeping, nurses aide, and a ward secretary all of which i was hurt while working with a jackson pratt drain in,  pulled on a drawer that did not open and pulled apart my abdomen which resulted in another operation at ohio state university hospital.  i have had 7 previous operations.  the county in which i live has also deemed me disabled.  do i have a good case?
–Vicki

Jonathan Ginsberg responds:  Vicki, based on what you say, it would appear to me that you have a good case.  The issue in yours or any other disability case has to do with your capacity for work.  In your case, I think you would also have to satisfy the duration requirement – in other words, has your condition lasted 12 consecutive months or is it expected to last 12 months.

If your treating doctor is willing to go on record to say that your abdominal weakness is such that you are not likely to regain sufficient strength and stamina to perform even a simple, sit down job on a regular, reliable basis, then your case would be stronger.

I suspect that you may have received treatment from many doctors over the years.  I think that you would benefit if your records contain a clear summary of your medical history from one or two doctors who can address the physical activity limitations and will cooperate with your lawyer in completing a functional capacity form.

Finally, you want to approach your hearing with the attitude that you would work if you could.  Sometimes when claimants have been undergoing medical treatment for an extended period of time, they begin to think of themselves as "disabled."  Judges like to see claimants who are fighting the entire concept of disability and who have no desire to be classified as such.

[tags] hernia operations and disability, duration requirement in disability case, mental approach to disability case [/tags]

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