Noteboom The Law Firm

Fed. Regulations May Affect Disability Payments for Those with Mental Illness

The Chicago Tribune reports that newly proposed federal regulations may affect disability payments for individuals with mental illness. Mental illness is included in the Social Security Administration's listing of impairments that is used to help determine who can qualify for Social Security disability benefits.

Buried within newly proposed federal regulations are a handful of sentences pertaining to mental illness that could impact an individual's ability to collect disability benefits.

It comes down to confusion over the wording and requirements of standardized tests to determine if an individual is eligible to receive disability benefits. If these tests are in fact required it could lead to an increase in benefits being denied to those who suffer from mental illness.

Up until now, standardized tests have not been used to determine eligibility. The proposed regulation indicates in one instance no need for these tests, yet in another, it provides specific details on how these tests may determine an individual's ability to work.

Advocates for individuals who suffer from mental illness have been placing calls to Social Security Administration voicing their concerns. One of the concerns is that no single test can pinpoint an individual's ability to work when they suffer from mental illness.

Currently, the determination for disability benefits is based on recommendations from psychiatrists and psychologists, along with a patient's medical records.

If you suffer from mental illness or any other severe condition that prevents you from working, you may qualify for Social Security disability benefits. A Social Security disability lawyer can work with you to help determine your eligibility.

When you are interviewing Social Security Disability attorneys ask critical questions, like: how many Social Security Disability hearings do you have per month; do you understand the SSA's POMS (the manual Social Security employees use to process claims); and, do you understand the date last insured and how it affects my disability onset date?

The Law Offices of LaVan & Neidenberg, located in Atlanta, Georgia represent over 5000 disability claimants. Our disability attorneys have experience with cross examining medical and vocational experts and take time when speaking with you about your case. Contact us today at 1-888-234-5758 for a FREE legal consultation. There is NO OBLIGATION to hire our firm and there are NO FEES unless one of our trained disability lawyers wins your case.