DISABILITY BASED ON MENTAL OR PSYCHOLOGICAL IMPAIRMENTS

We are all aware of the physical demands of work:  lifting, bending, reaching, standing, walking, kneeling, etc.

But all jobs have mental demands as well.  Some jobs have greater mental demands than others.

Social Security law recognizes the following as mental demands required of most workers under SSR 85-15:
 All work has mental as well as physical demands.  The mental demands of unskilled sedentary work are defined by SSR 96-9p and SSR 85-15.  Those demands include the abilities (on a sustained basis) to understand, carry out, and remember simple instructions; to respond appropriately to supervision, coworkers, and usual work situations; and to deal with changes in a routine work setting.

Notice that these demands are on a "sustained basis."  This means that a worker must be able to fulfill these mental demands at least 8 hours per day, 5 days per week, or on an equivalent schedule.

A worker who suffers from pain, depression, anxiety, PTSD or another mental impairment, may be able to work normally much of the time.  However, if there are occasions when symptoms are exacerbated to a point that the mental demands of work cannot be fulfilled, this may be a disability. 

For example, a person is able to work most days, but about 3 or 4 days per month he is not able to work a full 8-hour shift.  This doesn't permit full-time work because of excessive absences.

Another example, a person is able to report to work 5 days a week, and can remain at work for 8 hours each day--but is off task more than 10 percent of the day due to psychological stress.  This may amount to a lack of persistence and be considered a disability.

If I make it sound like disability is easy to get--and all you have to do is complain about feeling stressed, nervous or anxious--then I am giving the wrong impression.  Social Security will want extremely well documented medical evidence from a psychologist or psychiatrist which demonstrates a severe impairment. They will want to see a professional medical evaluation to show:  (1)  the diagnosis or diagnoses involved, (2) the severity of symptoms,  (3) how long symptoms have existed and (4) what treatment has been attempted.

Generally, disability benefits will be approved only if the claimant is found unable to perform any full-time work which exists in the national economy.

Many disability cases involve both physical and mental limitations.  My job is to put all the pieces together and give Social Security decision makers a complete picture of the claimant's physical and mental health--so they can make a fair decision about disability.
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