Never understand what is happening in the mind: Mental Health conditions and Social Security Disability
Mental Health conditions are some of the most devastating conditions that can afflict a human beings. Most of the time when we hear about them, they usually are in relations to two circumstances:
1) Somebody popular
Chynna Phillips of the pop group Wilson Phillips checked herself into rehab for anxiety over the weekend, her manager, Lizzie Grubman, tells PEOPLE exclusively.
2) Something traumatic
Thursday, Joseph Andrew Stack flew a small airplane intentionally into an IRS building. The IRS had 199 people who worked there. Joe Stack set his house on fire, left what is being considered a suicide note, and then flew his Piper Cherokee PA-28 into the Austin, Texas IRS building.
The brain is always going to be considered a mysterious organ. Of all parts of the body, this part is the one that continues to baffle the medical community. So it should come to know surprise that it can be difficult to ascertain the severity of a mental health conditions.
The mental health community relies heavily on a variety of different diagnostic testing, personal history, and mental status examinations to try to get a picture of how severe the mental health condition may be. It’s tough but the information these providers obtain is valuable and necessary if you are attempting to obtain medical benefits.
Regularly, I get asked by my clients what types of things does Social Security look for when trying to determine the severity of the medical condition. Here’s a few things you should consider:
1) The type of doctor tells alot.
I hate to tell you but SSA tends to give a bit more deference to a Psychiatrist or a Psychologist who is treating your mental health condition. There is nothing wrong with your family doctor but a specialist (Psychiatrist or a psychologist) tends to get greater favor. Now, before you ask, there is nothing wrong with going to a Mental Health counselor. However, it is helpful if the counselor is working with you in conjunction with a psychiatrist as part of a mental health plan.
2) The type of medicine you take says alot
Some medications give a clear indication of the significance of your mental health condition. There’s nothing wrong with Paxil or Zoloft. However, Risperdal and Geodon gives an indication of a much more serious mental health condition.
3) The BIG 4 things you need to know (Concentration, Memory, Crowds, Stress)
These are normal questions that are asked that you should give some thought to HOW you are going to respond. How is your concentration? Do you forget things? If you do, what do you do if you need to remember things? How are you around crowds? How many people is TOO many people?
4) Other THINGS MATTER
You have to remember that how you function in your day to day life matters. If you say that you can’t be around more than one person att a time but you go to church every other day (where you would expect to be MORE than one person), your response may be viewed as suspect.
5) Involuntary Admission
In Florida, the term “BAKER ACT” refers to an Act that permits for the involuntary admission of an individual into immediate psychiatric care for a short period of time. Every state calls it by a different name but this usually refers to a situation where a person expresses an intent to harm him or herself or someone else. These admissions may indicate the presence of something more severe.
6) STAY AWAY from the DRUGS (ILLEGAL DRUGS)
Let me blunt. Mental Health and Illegal drugs don’t mix. And when you’re applying for disability, you force SSA to try and figure out WHAT came first (the drugs or your mental health condition) and more important, do you get better if you’re NOT using drugs.
Like I said in the beginning, mental health disorders are tough and millions of people affected by these disorders are able to live productive and functioning lives. However, it’s important to realize that if you’re alleging that you are disabled due to your condition, you must understand that the few things I mentioned above may have a lasting impact on your ability to obtain disability benefits.
Watch out for your loved ones and make sure they don’t hurt themselves
Only a few weeks have passed since the death of the icon, Michael Jackson, and, as I had previously posted before, more and more legal lessons are coming to the front based on the tragedy of his life and the unexpected heart felt loss due to his death.
Alot of talk and speculation has centered around the administering of a drug, propofol, that was allegedly provided to Michael in order to help him with his insomnia.
For those of you who don’t know, Propofol is a drug that reduces anxiety and tension, and promotes relaxation and sleep or loss of consciousness. See Propofol, http://www.drugs.com/propofol.html. Propofol provides loss of awareness for short diagnostic tests and surgical procedures, sleep at the beginning of surgery, and supplements other types of general anesthetics. See id. Propofol is for injection into a vein. See id. It is given by trained anesthesia professionals in a controlled environment. See id.
Rare cases of self-administration of DIPRIVAN Injectable Emulsion by health care professionals have been reported, including some fatalities. See Diprivan (Propofol) Drug Information: Side Effects and Drug Interactions, http://www.rxlist.com/diprivan-drug.htm. DIPRIVAN Injectable Emulsion should be managed to prevent the risk of diversion, including restriction of access and accounting procedures as appropriate to the clinical setting. See id.
Now, this post isn’t a clinical diagnosis or a discussion of the medical implications behind the decisions to administer this substance. The real question are “Should this have been given to Michael at HOME as opposed to a traditional clinical setting like a hospital” AND “Did MICHAEL appreciate that this substance is so dangerous that it NEEDS to be administered in a clinical setting?”
As the facts of this situation start to come out, once again, Michael is teaching us more and more things since his death. I, again, say that I am in no way, shape or form passing judgment but just stop for a second and think about this thought. If Michael KNEW that this substance was serious and hired a medical staff to, among other things, administer this substance to him at home as opposed to traditional setting, what does that say about Michael? Again, I say, before you lose your mind and burn me to the ground, follow this thought process.
If you’ve dealt with someone who has had an addiction to a legal or illegal substance, at some point, the individual may be unconsciously or consciously trying to do whatever they can to get that substance (even if they don’t need or shouldn’t need it). This behavior is referred to as “Drug Seeking” behavior and it is a powerful behavior. Even though the person may not know that the substances they are obtaining is not good for them or if they stop appreciating the significance and severity of the substance, the person may still take all measures to obtain this substance.
Once a person finds themself in this position, you have to be careful because they may lack the ability to truly appreciate the fact that they may be harming themselves.
That’s when YOU as a loved one may need to step in to intervene. At this point, if the person is taking action that is causing them to harm themselves, you may have to decide if you need to take aggressive legal action to protect them from themselves. You can only pray with them or plead with them or threaten them so much.
What am I saying? Can you sue them to stop? No, that’s not what I mean. You may have to look to intervention like counseling, friends, family, and the community. You may have to participate in group therapy. In the worse case scenario, you may have to look possibly having them involuntarily admitted to a medical facility (in florida, it’s called the BAKER ACT). Almost every state has some type of provision which allows individuals to contact law enforcement and have someone involuntarily admitted for an evaluation to ascertain their status.
I’m not saying it is easy. NO ONE wants to put their loved ones in a mental facility. It’s not fun and it is a crushing blow to the ego of the individual you are doing it.
However, tough times may call for tough measures. Try everything you can. Group intervention. Church intervention. Family / loved ones. Anything you can but remember, if you truly love someone, you may have to take whatever steps necessary to SAVE them from themselves.
