There are two types of disability limitations that the Social Security Administration takes into account, physical limitations and mental health limitations. In regard to these types of disabilities, it is much more nuanced to be able to win a mental health claim. A physical claim has objective medical testing that can supplement the testimony of the claimant. MRI’s, CT Scans, Blood Tests, X-Rays all show what a physical limitation’s impact might be on a claimant. Conversely, a mental health limitation is substantiated by the communications with doctors and the testimony of the claimant. For this reason, a well-founded claim is needed to attempt to receive a favorable mental health claim. The most common mental health claim is anxiety and obsessive-compulsive disorders. For this reason, we will cover this mental health limitation in this post.

Mental Health claims like anxiety are characterized by worry, apprehension, fear, and avoidance. The claimant my exhibit restlessness, difficulty concentrating, hyper-vigilance, muscle tension, sleep disturbance, fatigue, panic attacks, obsessions and compulsions, constant thoughts and fears about safety, and frequent physical complaints. The social security administration has set apart a listing that covers what is required to prove an anxiety related claim. Rule 12.06 outlines the minimum requirements to receive a favorable medical decision. The claimant must prove that they experience both three of more of the following symptoms and two of the following limitation.

A successful claimant must show at least three of the following conditions: restlessness, easily fatigued, difficulty concentrating, irritability, muscle tension, sleep disturbance. Moreover, a marked limitation in two of the following abilities must also occur. The Claimant must have difficulty to (1) understand, remember, or apply information, (2) interact with other, (3) concentrate, persist, or maintain pace, and (4) adapt or manage oneself. In order to substantiate these limitations, the claimant must have extensive treatment with mental health providers. It is unlikely that a claimant can win his or her exclusively mental health case with only treatment from a primary care physician or general practitioner. Successful claimants have treatment from a psychologist or psychiatrist, which outlines talk therapy, medicine therapy, and potentially group therapy. Substantial records from mental health professionals is critical to substantiate the severity of the assertions.

Owing to the complex nature of a pure mental health claim, please call the Law Office of Jonathan W. Cole to represent you on your disability appeal.

Jonathan Cole