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Source: Social Security Administration, 2010 data
www.cbpp.org

Social Security evaluates mental impairments differently than physical impairments. The purpose of this brief overview is to discuss generally how Social Security evaluates mental impairments and what criteria generally need to be met before a Listing-level impairment is established.

Some disability claimants, once they are awarded benefits, worry that something might happen to make the benefits stop. For the most part, you don’t have to worry about this. The vast majority of claimants are found to have their disabilities continued at the first evaluation.

Disability attorneys often look to a claimant’s primary doctor or treating physician for a medical opinion as to the client’s impairment. This might be the most important evidence presented in your case, especially because under the SSA rules and regulations, the doctor’s opinion might be “controlling”—that is, the SSA will automatically adopt the doctor’s opinion in its decision.

Even if you are granted Social Security disability benefits, you might later receive notice of a “continuing disability review” and wonder what this is. The Social Security Administration is required by law to periodically review the cases of those who have been awarded disability benefits.

If you make a strong enough case for your disability that you are granted a favorable decision, you might wonder exactly what happens next.
A common question asked is whether you have to visit a Social Security Office or fill out any more forms to start receiving benefits.

At your disability hearing before an administrative law judge, you might be asked questions about your medical history—or you might not be. If the judge has all your medical records from doctors, hospitals, and other relevant personnel who have treated you, the judge may decide to let your records speak for themselves.

After you file your second appeal requesting a hearing before an Administrative Law Judge, be prepared to wait a long time to get a date for your hearing and then a few months more for decision to be made. Nationally, hearing offices average about 15.5 months from the date a request for a hearing is filed until a decision is handed down.

The Social Security Administra¬tion uses the “Sequential Evaluation Process” to determine your eligibility for benefits. The first step in the Sequential Evaluation Process evaluates whether you are performing work at the “substantial gainful activity” level, which essentially asks whether your work involves “significant physical or mental activities.

You usually have 60 days to file an appeal after receiving a denial notice, plus an extra five days to allow for mailing. For the most part, if you do not meet this deadline, you will have to begin again with a new application, which may mean that you will lose some back benefits.