The COVID-19 public health emergency has impacted every corner of life in the United States, ranging from businesses big and small, to the healthcare system, to workers across demographic groups. The coronavirus has interrupted the lives of 328 million Americans by requiring the implementation of social distancing measures and, in more populated regions, social isolation, to protect the public health.
The coronavirus pandemic has caused many to live in a state of ongoing stress and anxiety. A study by a Kaiser Family Foundation poll found that 45 percent of adults say that the COVID-19 pandemic has affected their mental health, with close to one-fifth of adults saying that it has had a significant impact on their emotional well-being. Mental-health professionals are especially concerned about the toll that impending economic instability is having on those with anxiety and depression, as studies find that increased suicide and overdose rates correlate with increases in unemployment.
As people wonder whether their employers will continue to pay their income during this tumultuous time, there have been rising mental health claims amid the pandemic, including claims for Social Security Disability Insurance benefits, as well as short-term and long term disability benefits through private insurance carriers. If you have a mental health condition and are considering filing a disability claim, you should consider the following:
How Long Have You Been Out of Work?
If you are applying for Social Security Disability Insurance benefits, you will have to demonstrate that you have a medically determinable impairment that prevents you from performing full-time work for at least 12 months. If you have only been out of work for a few months, it is unlikely that the Social Security Administration will approve your case on initial application because of the possibility that you may be able to return to work within the year. You should apply for Social Security Disability Insurance benefits only if you expect your medical condition to preclude you from being able to work for at least a year.
While long term disability benefit plans generally do not have a 12-month durational requirement, you should only apply for these benefits if you expect to be unable to perform the material duties of your position for the foreseeable future.
Is Your Mental Illness Preventing You from Working?
When filing disability claims, many claimants allege that they can’t work due to symptoms and limitations caused by mental illness. Yet, in many cases, their clinical records fail to document the extent to which their mental illness affects their day-to-day life. To maximize the chances of prevailing on your Social Security Disability Insurance claim, you should report to your treating mental-health provider-specific examples of how your mental health condition limits your ability to perform daily activities. Examples of how mental illness limits claimants include problems with focus, attention, and concentration, difficulty completing simple tasks, difficulty remembering to perform specific tasks, difficulty relating to co-workers or supervisors, and difficulty sustaining the persistence and pace in a competitive work environment.
Are you Receiving Treatment for your Mental Illness?
In Social Security Disability Insurance claims, short term disability claims, and long term disability claims, the decision-maker on your case will require, at some point, your treating mental health provider to provide a medical opinion as to your ability to perform full-time work. The persuasiveness of your medical provider’s opinion is primarily weighed by how long and how frequently s/he has treated you for your mental illness. If you are not in treatment with a mental health provider, or your treatment with the provider is sporadic, it is highly recommended that you treat with that provider regularly to document that your symptoms and limitations continue to persist.
Are you Disabled only from Mental Illness?
A claimant can be found disabled by the Social Security Administration under any combination of medically-determinable impairments, regardless of whether they are caused by mental illness or not. However, if a claimant files for short term disability or long term disability benefits, there are often limitations that exist if the claimant alleges disability due to mental illness. Many disability insurance plans have Limitations Clauses, which limit payment of benefits to a specific number of months (e.g., 24 months) for a disability caused or contributed by mental disorders or substance abuse, among other conditions. Disability insurance policies can broadly construe mental illness limitations clauses. A typical limitations clause can look like this:
“Mental Disorder means any mental, emotional, behavioral, psychological, personality, cognitive, mood or stress-related abnormality, disorder, disturbance, dysfunction or syndrome, regardless of cause (including any biological or biochemical disorder or imbalance of the brain) or the presence of physical symptoms. Mental Disorder includes, but is not limited to, bipolar affective disorder, organic brain syndrome, schizophrenia, psychotic illness, manic depressive illness, depression and depressive disorders, anxiety and anxiety disorders.”
As you can see from the above, filing a mental health claim for disability benefits is not simple. We strongly recommend that you obtain experienced counsel to assist you through this process.
At Andalman & Flynn, we have helped workers successfully through this process for over 20 years. We know how to maximize your chances of winning.
Andalman & Flynn, P.C. serves clients throughout Maryland and the District of Columbia, offering compassionate, quality service and results-driven representation across a broad range of legal areas. With a concentration on disability benefits law and family law, the firm focuses on cases that impact the rights of everyone, and they are there for clients when responsive legal help is most critical. For more information about Andalman & Flynn, please visit our website or call 301.563.6685.