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.
Don’t KILL your case!
The legal process is a frustrating beast and let me be the first to tell you, the BEAST always wins! Now, I am not saying that the BEAST will beat you but what I am saying is that most people get so upset with the waiting, the red tape, and all of the little steps you have to take in order to get from point A to Point B that they sometimes do things in order to fight the BEAST.
If you’ve hired an attorney, your attorney is trained to fight for you as well as deal with this BEAST that is known as the LEGAL process. Unfortunately, too many times, people will do things that may potentially HURT (or even KILL) their case:
1) Talking to witnesses on your own. Depending on the situation, you really should let your attorneys talk to potential witnesses. Why? One, attorneys tend to fully document the context of the conversation. Two, attorneys tend to have specific, well crafted questions that they ask which will give them an idea of whether the witness’s information is helpful or harmful. Three, what you tell your witnesses may eventually come back to bite you in court. You don’t know how someone will convey what you said to them.
2) Sending in your own evidence. So you found something that you think is useful, that’s great. Make sure you let your attorney see it first. Most attorneys are aware of discovery requirements but if you decide to give the other side some information that you didn’t necessarily have to give and it’s damming to you……….do I need to go further??
3) Taking steps without consulting your attorney. If you are going to do what you want to do, then you probably don’t need an attorney. Most attorneys work to carefully lay out a plan of attack to deal with any issues or problems that may arise and if you decide that you are going to do things that undermine that, the attorney can’t help you.
4) Responding to the court or the other side on your own. If you get documents from the court or the other side, unless you don’t have an attorney, please be careful not to respond. So much time, we think that if respond to someone right away, it will help our case.
5) following the advice of someone who is NOT your attorney. I had a friend of mine who is an attorney tell me that she has to tell her client’s all the time “I didn’t know they gave out law degrees at the gas station?”. The reason she says this is because so many times, her clients will come to her FIRED up because someone who is NOT an attorney will tell her client something and then come to her HOT! Becareful about following the road of some person who THINKS they know what’s going on when in reality, they don’t.
Like I said, the legal process is a BEAST but don’t add to the problem by giving the BEAST food to eat. The process is tough but it can be tougher if you do things to make it worse.
If you need help, don’t have an attitude
I am always amazed how people who feel that they have some sense of entitlement or feel that they have a strong case or feel that you have DUTY and RESPONSIBILITY to help them tend to communicate these feelings in an aggressive manner.
In other words, I’m always amazed by people who are asking for help will get an ‘attitude’ when you don’t jump up and pay attention.
I know these words may seem over simplified and PLEASE don’t think that I am trying to insult ANYONE’s intelligence. However, you have to keep things in their proper perspective. When you are trying to ask someone to help you with a matter or situation that needs to be resolved, the last thing you want to do is walk into their office or their space and ACT like they need to ‘buck up and step right’!
Some of you may still be confused about what I am talking when I’m saying these things. Let me take it a step further. Anytime you are dealing with people who are providing professional services, you have to remember that they are professionals and they are offering to provide a service.
Remember, this is just an OFFER! They don’t HAVE to serve you. It really doesn’t help your situation or your case to walk around with your lip poked out or your chest poked out think that you are entitled to receive a certain amount of treatment or service just because YOU demand it.
Now, don’t get all bent of shape. I’m not saying that if you have a great case that you should be humble or that you should be shy. What I am saying is that you gotta be careful going into a meeting or discussion with a professional (like a doctor, mechanic, or attorney) and have this chip on your shoulder.
And for those of you who still may not understand why some professionals may not like to deal with an attitude, here are a few other things to consider:
1) If you got attitude now and you are ASKING for help, what makes you think you want have MORE attitude later. Think about it. Here you are asking for help and you got ALLLLLL kind of mouth! When you step to someone like that, there is no reason to believe it won’t get worse.
2) Life is filled with stress already so why should YOU add to it? I work with people all the time who are devastated by their financial situation. So I understand how stressful life can be. In all instances, I reiterate to people that I am THERE for them so they understand that I am a part of the solution and not the problem. However, some professionals have a lot of stress to deal with it and if YOU are going to add to that stress, then why should they bother?
3) You MIGHT be a NIGHTMARE! Sometimes, when you complain a lot or have an attitude about everything, this sends a HUGE message to the professional that you may have some unrealistic expectations about what you expect to have happen. As a result, this may be a problem because if you have it in your mind of what YOU expect to have happen (despite what is being told to you), you may make things more difficult for those who are trying to help you.
4) Just because I have a suit on doesn’t mean I am SOFT! Sometimes, we get into these positions where we believe that individuals who provide us services are weak. As a result, we feel the need to exert our influence on them to let them know that we will not be denied. However, don’t EVER think in your mind that just because someone is polite and articulate and has a suit that they can’t get JIGGY!! I knew an attorney who cussed someone out who was repeatedly rude to her despite her best efforts. After several visits, she clicked and he learned very fast that she was much more aggressive than he thought she was.
Now, I am not going to sit around here and act like I have never had an attitude about something. I have walked around with the hoochie and gotten live with people on more occasions than I probably should have. However, after almost 8 years of practicing law, I realize that you really get more out of people when you are kind as opposed to kinding being rude. Remember, if you don’t want anyone coming at you with attitude, what makes you think that they want attitude?
Always keep in contact
Attorneys have an ethical duty to keep their client’s informed. Unfortunately, our clients don’t always do a good job of keeping attorney informed of their comings and goings. One of the things that I have repeatedly stated was that the legal process is invariably a lengthy process so you don’t always get the result that you are looking for as fast as YOU would like it. As such, it is important to let your attorney know where you are:
1) Just because you haven’t heard from your attorney, doesn’t mean your case is dead. Alot of times, there will be significant gaps in time while your case is going through litigation or pre-litigation.
2) If you’re going to give up your case, LET your attorney know. Sometimes, people will just abandon their case because they think that there is nothing left to do. As such, they will give up on the case. Unfortunately, attorneys can’t close your case just because you have walked away. If you don’t tell them, they will keep going.
3) Sometimes, not knowing where YOU are will hold up the process. It’s amazing the number of people who don’t appreciate the fact that if the attorney needs to get to know about something and they CAN’T, this holds up YOUR case. You should always be accessible.
4) Give a back up number. Times get tough and alot of times, you may be moving from house to house. Give a few numbers to your attorney so your attorney can locate you if they need you.
Remember, the legal process is a two way street. Even though your attorney runs the case, you may have to make some crucial decisions. If the attorney can’t find you, then how can the decisions be made??
You can always get a second opinion
Working in a service industry like the law is a difficult endeavor. Invariably, you will always find people who disagree with your assessment of a situation. As such, I have one simple phrase that I like to share.
“You can always get a second opinion”.
Now, please don’t think I’m trying to be stank when I say these things. I’m merely offering insight. Let’s look at this logically for a second. If you didn’t go to medical school, why would you argue with your doctor about his or her diagnosis? If you don’t agree, just go to another doctor. If you don’t know anything about cars, why would you argue with your mechanic about his or her assessment of your vehicle? If you don’t agree, just go to another doctor.
In most cases, we find ourselves with a particular professional that we like and we are just committed to getting them to see things our way. I can respect that alot. There is nothing wrong with offering your perspective about a situation or even asking questions for greater insight.
However, at some point of the process, you have to rely on the opinion of those individuals you have obtained. You may not LIKE what they are saying but it’s important that you have TRUST in what they are saying. If you truly trust your doctor, you will follow their treatment regiment. If you truly trust your mechanic, you will follow their recommendations.
When using an attorney, it’s sometimes a little different. In most cases, your attorney is attempting to get you something you have lost or help you resolve some issue in your favor. Most times, we are so passionate about positions that we don’t necessarily see things from a totally objective standpoint. When you are using an attorney, an attorney has to balance your desire to see that your goals are satisfied as wel as ensuring that you have a complete understanding of the ramifications and legal implications of your case.
Sometimes, this doesn’t always come into play. In these difficult times, we find ourselves being placed in very difficult and unfortunate situations and we want to get a resolution that will correct the situation. As black and white as that sounds, this resolution may not always be that clear. So it’s important for you to understand that when you are seeking legal advice, you may not LIKE or necessarily AGREE with what you are hearing.
What is important to understand is that you have 2 fundamental options. One, you can follow the advice of your current attorney and allow them to take the necessary steps to advance your interests. Or two, you can seek a ’second opinion’ and obtain a new representative that meets your requirements.
Attorney comparisons: You may be getting what you deserve already
Choosing an attorney is always a tough task. Alot of times, most of us have never had the opportunity to hire an attorney or even work with an attorney. However, once we’ve hired an attorney, it becomes very easy to want to compare our attorney to others who are using or have used an attorney as well.
If you find yourself in a position where you are trying to decide whether you should switch attorneys, here’s a few things to think about when you are trying to decide to make the move:
1) Is it your attorney or is it you? Alot of times, attorneys will take the opportunity to fully advise their clients about the status of the case and what to expect in the long run. Unfortunately, when things get a little tight, clients will get fired up and think that they are not getting what they are supposed to from their attorneys. So before you start kicking over tables, is your attorney doing what they are supposed or is it you getting upset over your situation?
2) Is the attorney doing what they told you they would do? Attorneys have a duty to not create unrealistic expectations. As such, attorneys will usually outline how their firm operates so their clients will appreciate how they conduct their business. Unfortunately, as time progresses, clients sometimes forget about what their attorneys told them. So it’s important to reflect on whether the attorneys are doing what they told you.
3) Sometimes, the process sucks. Sometimes people don’t understand that the process itself is one that can’t be circumvented. You can’t go around it. You can’t expedite it. As a result, almost every attorney who deals with these types of cases are in the same spot.
4) The grass is always greener. Sometimes, people think that if someone has a lawyer who got them their result faster or better, then they should switch. It’s fascinating because in some instances people don’t appreciate the fact that if you switch, you may find yourself in the same situation as before. Of course, you could be in a better situation but you could also be in a worse situation.
It’s important that you carefully evaluate the significance of deciding whether you should switch from your current attorney to a new one. No one is saying that you should have to stay with an attorney who is not providing you the service you desire. However, it’s important that you evaluate whether you are getting the service you’re getting or determining if you are just frustrated that you are not getting what you want fast enough.
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