Bipolar disorder affects roughly 6 million adults in the U.S. For many of these individuals, the symptoms of bipolar disorder interfere with their day-to-day life, including their careers. This means that bipolar disorder meets the definition of a disability, and you have the right to receive Social Security Disability benefits (SSDI) as a result. In Atlanta, however, the majority of bipolar SSDI applications are rejected.
If you are seeking benefits for your bipolar disorder, you should speak to an attorney immediately. John Foy & Associates works patiently and compassionately with individuals living with a variety of disabilities, and we have experienced success with SSDI claims for bipolar disorder as well. Call our team of attorneys today for a free consultation to discuss your SSDI application today at 404-400-4000.
Does bipolar disorder qualify for SSDI in Atlanta?
Yes. Any mental disorder that prevents you from working can qualify for SSDI benefits, period. Additionally, bipolar disorder (sometimes called manic depressive disorder) has been officially recognized by the Social Security Administration (SSA). When evaluating disability claims, the SSA uses a comprehensive manual known as the List of Impairments. This manual lists all known medical conditions that commonly cause disabilities. There is an entire chapter dedicated to mental disorders, and Section 12.04, “Affective Disorders,” specifically lists bipolar disorder.
Simply having bipolar disorder doesn’t mean you automatically qualify, however. The SSA also needs to have evidence that your particular case of bipolar disorder is severe enough that it prevents you from working. You will need documentation of both your diagnosis and the severity of your condition.
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How do you prove that your bipolar disorder prevents you from working?
The SSA offers two ways you can prove this. The first involves having documentation that your bipolar has led to two or more of these situations:
- Marked restriction of activities of daily living
- Marked difficulties in maintaining social functioning
- Marked difficulties in maintaining concentration, persistence, or pace
- Repeated episodes of decompensation, each of extended duration
The second way involves showing a 2-year history (or longer) of chronic bipolar disorder, with evidence that your mental health is likely to deteriorate (“decompensate”) with the added strain of working.
Meeting these requirements sounds hard. But we find that for most severe bipolar sufferers, the requirements are already met—we simply have to identify the right documents in your mental history to prove it.
Atlanta Bipolar Disorder Lawyer Near Me 404-400-4000
What if you have another condition besides bipolar disorder?
We can focus on either condition in your application. In many cases, this will dramatically improve your chances of being approved for benefits. For example, if you have bipolar disorder and another mental disorder, such as a personality disorder, we can focus on the combined effect of both disorders and the way that it limits your ability to function in a work setting. If you have a physical disability, such as diabetes, obesity, or heart disease, we can focus more on the physical ailment because it is easier to prove the limits it puts on your capacity to work.
Do you have to take medication to receive SSDI benefits for bipolar disorder?
There is no requirement by the SSA that you take medication. However, if you have been treated by a psychiatrist who recommended medication and you are not taking it, it will count against you on your application. The SSA wants to know that you’re doing everything possible to improve your mental health, and if you refuse treatment they will assume this is the reason you aren’t well enough to work.
What if you don’t want to take medication?
You do not have to take medication that you disagree with taking. There are several options we can use instead:
- Seek a statement from your doctor saying that you are complying with treatment
- Ask your doctor if there are other treatment options besides the problematic medication
- Help you see a doctor who specializes in bipolar disorder and can recommend a different treatment
For a free legal consultation with a bipolar disorder lawyer serving Atlanta, call 404-400-4000
What if your bipolar disorder SSDI claim has already been turned down?
You have the right to appeal it, and we often see a much higher success rate on the appeal.
In Atlanta, when you first apply for SSDI benefits your application is reviewed by a government employee known as an “adjudicator.” Adjudicators turn down a large number of applications, especially those involving a mental condition like bipolar disorder. If you appeal your first rejection, the appeal will also be handled by an adjudicator, often with similar results.
How are second appeals handled?
If you file a second appeal, it goes before a judge. You get a formal hearing in court, and the judge tends to go into much more detail looking at the evidence than an adjudicator does. You also have the advantage that your lawyer can represent you in person at the hearing and make an argument on your behalf.
We see a high success rate of getting SSDI claims accepted once they go in front of a judge. We can help you make the strongest claim possible.
Is there a deadline to appeal an SSDI case in Atlanta?
After both the first denial and the second denial, you have only 60 days to appeal the decision. If you miss this deadline your case becomes more complicated. You can still seek benefits again, but you have to effectively start the whole application process over. This also affects how far back you can reach into your medical history.
In many cases, you will have to wait a full 12 months from the date of your last SSDI decision to submit a new one. This can all be avoided if you act quickly after having your first application denied. We recommend talking to an SSDI lawyer as quickly as possible.
Contact our attorneys for help with your SSDI claim today
When your bipolar disorder prevents you from working, SSDI benefits may be the only thing that helps you keep a roof over your head and provide for your family. Don’t risk having your application rejected. We can help you identify the weak points in your application, get the medical records to fix them, and maximize your chances of getting benefits.
Call us at 404-400-4000 or fill out the form to your right and get your FREE consultation today.