Social Security Disability Law: News and Facts

It is very tough to get disability based on one mental health impairtment. It usually takes a combination of mental and physical impairments in order to be found disabled.  Post-traumatic stress disorder (PTSD) can be the basis for a successful Social Security disability claim, but it must be properly medically documented. In deciding whether you are disabled, the Social Security Administration (SSA) will consider your medical records, including hospital records and clinic notes from physicians, therapists, and counselors. You will likely need a RFC completed by your psychiatrist to help with your case.  Post-traumatic stress disorder (PTSD), or post-traumatic stress injury (PTSI), is an anxiety disorder that usually occurs after a person has been involved in a traumatic event, such as military combat, sexual assault, childhood abuse, a severe car accident, or a natural disaster. Those with PTSD commonly experience nightmares, flashbacks, or panic attacks that seriously interf...

SSDI is a benefit available to people who have paid taxes to the Social Security Administration (SSA), much like Social Security retirement. Even if your adult child never worked, he may be eligible for Social Security "child" benefits based on your Social Security earnings record (or the other parent's earnings record) if your child: 1. became disabled before his or her 22nd birthday 2. is 18 years of age or older 3. is not married, and 4. has a parent who begins to get Social Security retirement or disability benefits or has a parent with a qualifying work history who dies. The disabled adult "child" must meet the adult definition of disability. This is called a "child's benefit" because it is using the parent's earning record, not because the person needs to be young. In fact, when a parent doesn't begin collecting Social Security benefits until late in life, the disabled adult "child" is a young adult or sometimes even middle-...

 The "worn out worker" rule, a little-known provision of the Social Security regulations, applies to some disability applicants whose employment history consists of many years of unskilled physical labor. The worn out worker rule allows for eligible disability claimants who would otherwise have their disability claim denied to be awarded Social Security benefits.  The worn out worker rule is not used often, but remains important for those workers who would otherwise be left without the Social Security disability benefits they deserve.  To qualify, the disability applicant must: 1. have what's defined as a "marginal education." In general, the claimant must have a low skill level in academic areas such as reasoning, arithmetic, and language. A claimant who has completed no higher than the 6th grade is usually considered to have a marginal education; 2. have worked 35 years or more of performing only arduous unskilled physical labor positions. This could include s...