Q: Should I seek you as an attorney first? Or wait to see if I get denied?
I'm in the medical field for 37 years. Diagnosed with Major depressive disorder. I've had a psychiatrist and psychologist. Health care is killing me mentally. What are my chances of getting disability? I have to use my intermittent leave on some occasions. I'm 58.
A:
Talk to an experienced disability attorney first. Most offer a free initial consultation and will be able to discuss the particular issues about your claim. You can then decide if you want to hire an attorney to represent you. A common arrangement is contingency fee where the attorney will get paid 25% up to $6,000 only if you win.
The law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. To meet this definition, you must have a severe impairment(s) that makes you unable to do your past relevant work or any other work. You also must not be currently working and earning at the substantial gainful activity level.
When evaluating a disability claim, Social Security takes a number of factors into account, including your age, education, work experience and skills, your impairments and symptoms, any side-effects from medications, and the limitations to functioning caused by those impairments. Your age is favorable to being approved for disability, but your education and your skills in the medical field may make your case challenging to win. If your treating mental health care professionals support your applying for disability that could be very positive, particularly with the severity of your condition and how it functionally. limits you. The areas of mental functioning are:
- Understand, remember, or apply information
- Interact with others
- Concentrate, persist, or maintain pace and
- Adapt or manage oneself
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