SOCIAL SECURITY DISABILITY LAW BLOG
July 26, 2011
Detroit disability attorney explains how Social Security makes a disability determination in a mental impairment case
In order to be found disabled because of a mental impairment, you must establish that you have a severe, medically determinable mental impairment that (a) has lasted for one year or is expected to last that long or to result in your death, and (b) prevents you from doing your previous work or any other type of work. In making its disability determination, the Social Security Administration will engage in the same 5-step sequential evaluation process that it uses for claims arising out of a physical impairment.
Proof of a severe, medically determinable mental impairment requires a diagnosis by a psychiatrist or licensed clinical psychologist, and documentation of the severity of the impairment and the consequent limitations. Evidence from your primary care physician will not be enough to establish a medically determinable mental impairment (unless he or she is a psychiatrist or licensed clinical psychologist). If necessary, Social Security may seek a consultative examination to obtain this evidence.
Once Social Security is satisfied that you have a severe, medically determinable mental impairment, the decision-maker will analyze the impact of your impairment on your ability to perform work-related functions. This analysis will focus on four areas of function:
- Activities of daily living – Are you able to take care of your day-to-day activities (e.g., hygiene, dressing, eating, cooking, cleaning, driving, shopping, etc.) independently, without monitoring or assistance?
- Social functioning – Are you able to interact appropriately and communicate effectively with others?
- Concentration, persistence, pace – Are you able to concentrate and see a job through to the end? Are you able to work at a reasonable pace? Are you able to follow directions?
- Deterioration or decompensation in a work or work-like setting – Are you able to handle the stress of a work environment or does it overwhelm you? Are you capable of exercising good judgment and making decisions in a work setting?
If your claim for Social Security disability benefits for a mental impairment was denied, a knowledgeable Detroit disability attorney may be able to help with your appeal. If you are not currently represented by a Detroit disability attorney, please contact me.
SOCIAL SECURITY DISABILITY LAW BLOG
July 12, 2011
Detroit disability attorney explains “consultative examinations”
In my work as a Detroit disability attorney, I represent individuals who have been denied Social Security disability benefits. Many of my clients are surprised to learn that the Social Security Administration does not make medical determinations of disability on initial applications. Instead, initial applications are referred to a Michigan Disability Determination Services (DDS) office. At Michigan DDS, a medical doctor and a non-doctor “disability examiner” evaluate your medical records and other information provided by your treating doctors, and make a medical determination as to whether you are disabled under the law. If the DDS team does not have enough information to make a disability determination, it may ask you to submit to a “consultative examination.”
A consultative examination is a physical or mental examination that generally is conducted by a doctor designated by the DDS, but may be conducted by your doctor, if the DDS agrees and your doctor is willing to perform the examination. A consultative examination may be requested if, for example:
- Your medical records are illegible.
- Your medical records are incomplete (e.g., your doctor failed to complete the DDS questionnaire or failed to submit requested records).
- Your diagnosis is inconclusive.
- Your diagnosis was not made by a medical specialist.
Following the examination, the examiner will submit a report to the DDS, stating his or her opinion as to whether you are disabled under the law. The DDS will consider the examiner’s report and opinion as one factor in making a final disability determination.
If your claim for Social Security disability benefits was denied based, at least in part, on the opinion of a consultative examiner, this denial may be in error. An experienced Detroit disability attorney can help with your appeal. If you are not currently represented by a Detroit disability attorney, please contact me. I would be happy to review the examiner’s report and talk with you about the examination (e.g., was it thorough and complete; how long did it last; did it focus on the impairment for which you are claiming disability; did the doctor behave professionally?) and its significance to your case.
