Mental illness and disability

September 17, 2008

How Gaps in Medical Treatment Can Result in an Unfavorable Decision

Last week, I wrote a post describing a case that will be denied because of my client's poorly worded testimony.  Today, I want to continue this theme and talk about a far more common basis for hearing denials – gaps in medical treatment or absence of medical treatment.

Read more on How Gaps in Medical Treatment Can Result in an Unfavorable Decision…

Filed under Case studies, Disability hearings, Mental illness and disability by

June 29, 2008

Will Social Security Penalize Me if I Refuse Electroconvulsive Treatment?

In Dec. 13, 2007 you responded to my question on your Social Security Disability podcast about non compliance and electroconvulsive therapy (ECT). I had tried numerous antidepressant medications with no success. I was desperate for answers and sought out a new psychiatrist  who specializes in electroconvulsive therapy.  After he conducted my fourth of six ECT treatments. I started experiencing a very weird scary state of mind, almost like I was seeing things in a dreamlike state of mind. I stopped at the fourth ECT for this reason. Its hard to describe such feelings in words but it was a very eery scary feeling.  How will Social Security view my situation?

Read more on Will Social Security Penalize Me if I Refuse Electroconvulsive Treatment?…

Filed under Mental illness and disability, They're trying to stop my benefits by

October 8, 2007

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

Read more on My Work History Has Not Been Consistent – Can I Still Claim SSDI Benefits?…

Filed under Earnings requirements, Mental illness and disability by

September 18, 2007

Vocational Rehab Says I Have No Marketable Skills – Is That Enough to Win a Disability Case?

I have been to vocational rehab and they ran some evaluationsand they found that i have no marketable skills and i am going to mental health and i am under a case manager and a phychiatrist. Can i win disability with those problems and i also have degenerative disc disease and scolosis  Can I win disability with those problems?
–Daniel

Read more on Vocational Rehab Says I Have No Marketable Skills – Is That Enough to Win a Disability Case?…

Filed under Mental illness and disability, Strategies for winning by

May 9, 2007

How Does a Judge Resolve Unclear or Conflicting Medical Evidence in a Disability Hearing?

Mr. Ginsberg,
I am a dwm 45, no children, no criminal record, no drug/alcohol problems. I have been diagnosed to have Major Depression, Generalized Anxiety, Schizoid Personality Disorders. I have had 23 jobs in the last ten years with several gaps of unemployment. I have had two psychological tests with conflicting results but were all deemed valid/reliable. I just had my ALJ hearing two months ago and in addition to my ongoing psychiatry treatment for the past two yrs, has ordered a mental CE, waiting for the results and a final decision. My treating psychiatrist this month sent a letter to my disability judge stating that I am a 'diagnostic puzzle' and have tried all pharmacological agent groups with no success. He also stated that he has been treating me for the past two yrs. He suspects I have a pervasive developmental disorder. He concluded the letter by stating that there have been no signs of malingering and I have been very compliant.

Read more on How Does a Judge Resolve Unclear or Conflicting Medical Evidence in a Disability Hearing?…

Filed under Disability hearings, Mental illness and disability, Strategies for winning by

April 5, 2007

Survivor of Traumatic Brain Injury Considers Applying for Disability 35 Years After Accident

In 1972 at age16 I sustained head injuries from a motorboat propeller resulting in lobectomy to my right frontal and parietal lobes. I was left with epilepsy, which has been controlled with medication from '81 to 2004 when I had 2 seizures after I was let go from my last place of employment. The main reason I was given was a lack of flexibility. I turned 50 on July 17th. I didn't go to a neurologist as I couldn't afford to pay a doctor to tell me I had an accident. My medical records consist of my annual check-up so I could continue to get my medication and initial surgical procedure. As I have aged my attention span has shortened as well as my focusing ability. Am I facing too large of an ordeal?

Read more on Survivor of Traumatic Brain Injury Considers Applying for Disability 35 Years After Accident…

Filed under Mental illness and disability, Seizures and disability, Starting the disability process, Strategies for winning by

February 28, 2007

How I Won a Disability Hearing for a Deceased Claimant

With delays in the Social Security disability adjudication process taking as long as three years, it is inevitable that a claimant will pass away while waiting for a hearing.  Today, I tried a disability case for one of those individuals.

Read more on How I Won a Disability Hearing for a Deceased Claimant…

Filed under Mental illness and disability, Strategies for winning by

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