At Tabak Law, we understand the debilitating impact that mental health conditions can have on individuals. For many people in Milwaukee and across the country, conditions such as depression, anxiety, bipolar disorder, schizophrenia, and post-traumatic stress disorder (PTSD) make it difficult, if not impossible, to maintain employment.

Fortunately, the Social Security Administration (SSA) offers financial support through Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) for those who qualify. These programs provide essential assistance to individuals who are unable to work due to their mental health condition.

Understanding SSI and SSDI for Mental Health Disabilities

Both SSI and SSDI provide financial assistance to people with disabilities, but there are some differences in the eligibility requirements:

• SSDI is available to people who have worked and paid into the Social Security system through their payroll taxes. They must have earned enough credits.
• SSI is a needs-based program that provides assistance to low-income people with limited resources, regardless of their work history.

To qualify for either program, your mental health condition must meet the SSA’s strict definition of a disability:

1. Your condition may prevent you from being able to engage in “substantial gainful activity” (SGA).
2. Your impairment is expected to last for at least 12 months or to result in death.
3. Your condition must meet or equal one of the Social Security Administration’s listed mental health conditions in the Blue Book (Listing of Impairments).

Proving Your Mental Health Condition Qualifies

The Social Security Administration (SSA) evaluates mental health conditions in accordance with Section 12.00 of the Blue Book. Some of the most common qualifying conditions include:

• Depressive, bipolar, and related disorders (12.04)
• Anxiety and obsessive-compulsive disorders (12.06)
• Schizophrenia spectrum and other psychotic disorders (12.03)
• Trauma- and stressor-related disorders (e.g., PTSD) (12.15)

To qualify for disability benefits, individuals must meet specific medical criteria and demonstrate significant difficulties in daily activities or the inability to adapt to work-related requirements. Even if an individual’s condition does not exactly match a specific listing, they may still be eligible for benefits based on the severity of their symptoms and functional impairments.

To meet the requirements for a listing, you will need to provide medical evidence that shows:

• A diagnosis from a qualified mental health professional (psychiatrist, psychologist, or licensed therapist).
• Documented symptoms (e.g., mood disturbances, hallucinations, panic attacks).
• Functional limitations (difficulty concentrating, interacting with others, or managing daily tasks).

If your condition does not exactly match a specific listing, you may still be eligible for a “medical-vocational allowance”. This requires proof that your mental health condition prevents you from performing any job.

The Application Process: What to Expect

Applying for Social Security Disability Insurance (SSI) or Social Security Disability Income (SSDI) with a mental health condition can be challenging. The Social Security Administration (SSA) requires several important pieces of evidence to support your application:

• Medical records: This includes treatment notes, therapy records, psychiatric evaluations, hospitalizations, and a comprehensive medication history that demonstrates ongoing management of your condition.
• Employment history: You will need to provide a detailed account of your previous jobs and explain why your mental health prevents you from working in the same or any other position.
• Letters from treating physicians: A thorough letter from your healthcare provider detailing your diagnosis, symptoms, treatments, and specific limitations (such as difficulties concentrating, communicating, or coping with stress) is essential.
• Third-Party Statements: Testimonials from family members, friends, or previous employers can provide valuable insight into how your condition impacts your daily life, personal relationships, and employment opportunities.

Many initial applications are denied – often because the evidence is not strong enough or is incomplete. However, if your application is denied, there is still hope. You have 60 days from the date of the decision letter to appeal. The appeals process includes several steps:

1. Reconsideration – A new review of your case by someone who did not take part in the initial decision.
2. Hearing before an Administrative Law Judge (ALJ) – This is your opportunity to present your case in person and submit new evidence. You may also be represented by a lawyer.
3. Appeals Council Review – If you disagree with the ALJ’s decision, you can ask for a review by the Social Security Administration’s Appeals Council.
4. Federal Court – As a last resort, you can file a lawsuit in a U.S. District Court if all other appeals are unsuccessful.

From Hardship to Hope: Let Tabak Law Fight for You

If you or a loved one are struggling with a mental health condition and are unable to work, you may be eligible for SSI or SSDI benefits. At Tabak Law, we believe in transforming hardship into hope by fighting for the benefits that you deserve. Don’t face the legal process alone – contact us today for a free consultation and let our experienced disability lawyers guide you every step of the way.