Is there a perfect recipe for a Social Security disability case?

scissors, paper, rockI had a great back and forth discussion with one of my readers in the comments about how different evidence affects a Social Security disability case. Here is part of the comment:

If you go to a mental health clinic for disabling mental impairments. They usually score you and document how impaired you are and what your level of functioning is. So, I would think it would be easier getting your case approved for a mental health disability if the mental health clinic has documentation showing you have extreme low level of functioning vs. someone applying for disability for say chronic fatigue or something that is subjective.

There is nothing wrong with this analysis. However, Social Security disability¬†cases are rarely formulaic. Winning a case is almost never as simple as having “A, B and C.” While some evidence is better than others, an individual does not necessarily have a better chance of winning ¬†because they have one type of evidence over another.

In Social Security cases, an objective diagnosis is nice. However, the totality of the evidence is almost always more important. Even cases with the same diagnosis have widely varying chances of success based on the individual evidence each case has. That means that there isn’t a cook book for handling disability cases. You have to individually evaluate each one.

Put another way, you cannot Rock, Paper, Scissors your way to winning a disability case.

Creative Commons License photo credit: Meme!

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Disclaimer: This is NOT legal advice. This site provides general information about Social Security disability cases in Colorado. To discuss your particular circumstances, please contact a lawyer in your area. Please review the full disclaimer .

About Tomasz Stasiuk

Tomasz Stasiuk is a Colorado Springs Social Security disability lawyer and the founding attorney of the Stasiuk Firm - a law firm specializing in Social Security disability cases in Colorado. Follow Tomasz Stasiuk on Google and Twitter

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  • http://www.Planet10Tech.com TomaszStasiuk
  • Blubear48

    In Texas most Mental Health Clinics that are government funded such as MHMRA, Tri County and The Burke Center. They have at least one Social Security Representative on duty in an office inside the Mental Heath Clinics. If the representaive tries to do his/her job then that could make a difference. In these clinics everyone is part of the ” treatment team” so that places The S.S Rep. in the Staff meetings, Placing them in direct contact with The Phycologist and the phyciatrist and The Disabled Person on a weekly or mounthly basics. Then if the Client is also in and out of A Mental hospital and/or General Hospital naturally those records get sent to the Mental clinic and the S.S. Rep. is hands on everything no problem. I have noticed a diterioration of this process over the last 20 years. It was better then than it is now but i still lost my home my family and all my belonging i had accumilated throughout my life . Homeless and hopeless it was ten years and three appeals later before i seen my first SSDI check. My children were age ten and fourteen when i won my appeal. My children never received dime one from SSDI Childrens Auxiliary Benefits. I’ve spent more time in Mental Hospitals than most people spend on the job each year for the first ten years after The Judge granted my requests. It’s sad that Medicare paid out more than 4 million dollars to doctors and hospitals to shove expensive pills in my mouth but Social Security couldn’t mail a 500.00 a month check to my children. $4 million and niether i nor my children nor my grandchild have a place we can call home. Just the thought makes me want to kill myself. Wow I just got out of a months stay at the nut house. I know what a months stay at that hospital costs i just got out 6 months ago with a months stay. Over $150,000.00. Yea that is sick. Somebody just shoot me or let me kill myself. Sory Tomaz Ijust wanted to to try to give you a picture from the inside of A mental heath clinic concerning Social Security. I’LL be ok i have an appointment in a day or so. I got out of the hospital feeling fine when to the pharmacy to fill my prescription Lo and behold they wanted $600.00 for a twenty day worth. Yes i have part d. that’s my part. Well my SSDI check after part a and part b. and part D premiums i don’t even receive $600.00 a month! So all i could say was That those pills and show em. I ain’t buying none today. That part D INSURaNCE JUST TOOK AWAY ALL REASONS I WAS LIVING FOR. See i’m singing I feel fine.

  • http://www.Planet10Tech.com TomaszStasiuk

    I am sorry about all the difficulties you are going through. Thank you for sharing your experiences Blubear.

  • http://twitter.com/deerhart23 erin schmidt

    Remember most mental health dx and limitations are subjective evidence, not objective. One doctor may look at the patient and say one thing another something different. I have had Social Security give the subjective nature of mental health dx as reason to not give great weight to doctor statement. The line used is that the doctor’s statement is based mostly on the symptoms reported by the claimant.

    These cases at time come down to the luck of the draw. Which case worker you got, which ALJ, and what mood are they in when they read your file.