If you were denied disability benefits with a mental health condition, then you can appeal. There are four stages to the appeals process, and your claim may be approved at any of these stages. The first step of an appeal is to request reconsideration which has to be filed within 60 days of receiving your denial letter. If your claim is still denied, you may request an ALJ hearing which can be filed within 60 days from receiving the reconsideration decision. If this is not successful you can request an Appeals Council review the ALJ’s decision you have 60 days. If you are still unsuccessful, you can file a civil action in the United States District Court. You must file your case within 60 days of notice of the Appeals Council’s decision.
Filing an Appeal For Disability Benefits With a Mental Illness
There are some mental illnesses that should qualify for disability benefits which include the following:
- schizophrenia and other psychotic disorders;
- post-traumatic stress disorder (PTSD);
- obsessive-compulsive disorder (OCD);
- neurocognitive disorders;
- intellectual disorders;
- eating disorders;
- autism spectrum disorder.
However, 60 percent of applications for disability benefits are denied. As long as you can provide additional evidence to support your claim you should file an appeal if you have been denied. You should request reconsideration, but if your claim is still denied, you may submit a request for an ALJ hearing. If this is unsuccessful you may request an Appeals Council review of the ALJ’s decision and finally you could file a civil action in the United States District Court.
How to File a Successful Appeal For Disability Benefits With a Mental Illness
You should ensure you file an appeal as soon as possible after your claim has been denied. You will need to get more medical evidence to support your appeal and ensure you continue any treatment plans your doctor has prescribed to you. Having a Mental Residual Functional Capacity evaluation (MRFC) may be requested by the SSA that helps to prove your mental illness is so disabling that you are unable to earn a living for at least 12 months.
The MRFC evaluation takes about four hours, and a physical therapist will ask you to do simple tasks like standing, sitting, bending over, lifting items, using small tools like pens. If the physical therapist finds that you can’t perform basic functions because of your mental illness, then you will be eligible for disability benefits.
Why Was My Mental Illness Claim Denied?
The main reason for a denial is the medical evidence provided isn’t sufficient to prove you are unable to work for the next 12 months.
Get Help With Your Appeal
It is never easy to win an appeal for disability benefits if you suffer from a mental illness because you need to provide enough medical evidence that proves you are unable to work for at least 12 months. Fill out a Free Case Evaluation today to get connected with an independent attorney who subscribes to the website and may be able to help with your case.
