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It is not required for a person to have a representative in order to file for Social Security disability benefits. However, the law is very complicated, the regulations are lengthy and complicated, and it is very helpful to have a capable attorney leading you through the process.

Can I Qualify For Disability Benefits If My Disability Isn’t Going To Be Permanent?

Social Security disability is never considered to be permanent. When you apply for social security disability benefits, you are saying that you have been disabled since a certain date. If you are approved for disability benefits, your claim can be reviewed within a year, two years, or five years to re-determine your eligibility. Disability benefits under the Social Security program do not require that you be permanently disabled and there is no guarantee that you will continue to receive them after you have been approved, because they are subject to review.

Does The Social Security Administration Consider Mental Illness To Be A Disability?

Mental illness absolutely can be disabling under the Social Security disability law. In fact, in many cases, a mental illness may contribute to an individual’s physical disability. Frequently, cases are denied when the reason the person is disabled is pain. Pain cannot be measured and can be difficult to prove. Often, there is also a psychological component. The person is depressed or has anxiety because their life has been disrupted and their future is uncertain. The depression can take on a life of its own and can exacerbate the underlying pain problem. It is very important to recognize when there is a mental impairment and to consider it along with any physical impairments.

Morgan & Weisbrod LLP

by Paul B. Burkhalter
Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.


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