Denied Bipolar Disorder Disability Claims For Ltd Insurance
Marc Whitehead & Associates aggressively represents insurance policyholders that have had bipolar disability claims unfairly denied. We can help you;fight the insurance companys denial;whether you personally bought the policy, or the policy was issued through your employer.
Many disability insurance policies contain language that classifies mental impairments such as bipolar disorder, as a mental nervous condition. Defined as such, typically only 24 months compensation is allowed. However, this may not be accurate if the bipolar disorder is a biologically based illness. This then becomes an argument of an unacceptable assignment of the disorder in the policy language.
Insurance companies will use many other tactics to defend their decision to deny your award of disability benefits. Common tactics include:
- Claims of misdiagnosis
- Lack of medical evidence
- Pre-existing condition clauses in the policy language
Strategies to overturn denied claims for bipolar disorder disability will vary greatly depending upon which type of long-term disability policy you are fighting.
We understand the reasons and excuses that insurance companies use to deny claims for mental disorders. Let us fight to hold your insurance company accountable, so you may recover the benefits you are due.
As;Board Certified Social Security Disability attorneys, we want you to know that we will personally work with you to provide the help you need to appeal the denial. No matter where you live, we can help.
Disability Benefits Program Options
You will most likely be applying for one of two main disability programs offered by the Social Security Administration: Social Security Disability Insurance or Supplemental Security Income .
SSDI is for disabled workers and who have paid Social Security taxes from their paychecks. You will asked for a job history when you apply, which will show that you have worked for long enough to qualify for SSDI. This makes SSDI more suited for working adults. http://www.disability-benefits-help.org/ssdi/qualify-for-ssdi
SSI is another benefit program similar to SSDI, but is intended specifically for elderly and disabled individuals. Instead of a job history, you will be asked to demonstrate that you meet the SSAs strict financial limits. This makes children good candidates for SSI, since they will not have had much experience working. In the case of applications for children, the Social Security Administration will ask a parent to submit part of their finances for evaluation as well.
How The Ssa Evaluates Claims For Bipolar Disorder And Other Mental Health Issues
The good news is, the SSAs Blue Book does include a listing for depression-related mental illnesses. This includes bipolar disorder and what it calls personality and impulse-control disorders, which includes BPD. You can read the claim evaluation criteria listed there, but its quite difficult to understand unless youre a doctor. Regardless of your diagnosis, the part that matters when you apply for disability benefits is always the same. Heres what the SSA looks for when you file your application, no matter what health issues you have:
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Bipolar Disorder Is Considered A Qualifying Disorder For Ssdi
When thinking about Social Security Disability benefits , many people first consider physical disabilities. Yet millions of Americans have mental health conditions that limit their ability to work such as bipolar disorder. Although bipolar disorder is relatively rare, the majority of people with this condition report that they are seriously disabled.
Bipolar disorder is a mental illness that is characterized by unusual shifts in mood, energy and activity levels. People who have been diagnosed with bipolar disorder often have varying abilities to carry out daily tasks. Bipolar disorder involves clear changes in mood, from manic, highly energized periods to more depressed, sad times.
Ssi And Bipolar Disorder Disability Pay
Because SSI is needs-based, the SSA will pay close attention to your current assets when determining how much they pay you each month. The disability payments you receive from SSI depend on various factors:
- Your income .
- Resources that can be accounted for.
- Your spouses income if you are married.
Your eligibility for SSI will depend on your monthly income and assets. Your assets can only be worth $2,000 or less. If you are married, they would need to be worth $3,000 or less. Also, the amount of money you can make each month and still qualify for SSI will be different depending on where you live.
Assets that the SSA will count when determining if you qualify for SSI include the following:
- Bank accounts
- Stocks and bonds
- Property besides the home you live in
Overall, how much disability pay you can receive for bipolar disorder from the SSI program will depend on your financial situation.
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What Is Bipolar Disorder
Bipolar disorder is a mental illness that is characterized by unusual shifts in mood, energy and activity levels. People who have been diagnosed with bipolar disorder often have varying abilities to carry out daily tasks. Bipolar disorder involves clear changes in mood, from manic, highly energized periods to more depressed, sad times.
There are four primary types of bipolar disorder. They include:
1. Bipolar I Disorder:; the most severe type of bipolar disorder, this type includes manic episodes that last for at least seven days or that are so severe that they require hospitalization. Depressive episodes usually last for at least two weeks.
2. Bipolar II Disorder:; this type has both depressive and manic episodes, but with less extreme manic periods.
3. Cyclothymic Disorder: also known as cyclothymia, this type involves numerous periods of hypomanic symptoms and depressive symptoms for at least two years.
4. Other Specified and Unspecified Bipolar and Related Disorders: this type involves bipolar symptoms that do not meet the criteria for one of the other diagnoses.
Signs and symptoms of a manic bipolar disorder episode include:;
- Feel very up, high, or elated
- Have a lot of energy
- Have increased activity levels
- Eat too much or too little
- Feel tired or slowed down
- Think about death or suicide
Bipolar disorder affects people in different ways. While medication and psychotherapy can help to control the symptoms of bipolar disorder, it may not completely eliminate them.
Filing For Social Security Disability Or Ssi With Bipolar Disorder
First, a bit about the conditionBipolar disorderFiling for disability with Bipolar disorderSGA a disability islisting 12.04 Affective Disorders, section A 3requirements criteria
- Sleep disturbance
- Feelings of worthlessness or guilt
- Lack of energy or fatigue
- Appetite disturbances
- Anhedonia
- Delusions
- Paranoid thinking
- Involvement in activities that are likely to cause painful consequences without realizing it
a significant restriction of daily activities; or severe difficulties maintaining social functioning; or repeated instances of decompensation that last for extended periods of time; or significant difficulties with persistence, concentration, or pace
- Repeated decompensation episodes of extended duration
- A residual disease process that has resulted in such marginal adjustment that even a small change in environment or increase in mental demands could be predicted to cause the person to decompensate, or a current one year or more history of a failure to function outside of a very supportive living environment with a projected continued need for the supportive living arrangement
impairment listing 12.04 A3, B, or CMost popular topics on SSDRC.com
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Impairments That Qualify For Bipolar Disorder Disability Benefits
The Social Security Administration has established that a claimant with Bipolar Disorder must have a history of consistent symptomatic manic episodes, depressive syndromes, or a combination of both. Additionally, the claimants bipolar disorder should result in two of the following restrictions:
- severe limitation of daily activity,
- inability to interact with others in a normal way, or
- recurring episodes of decompensation, which last for an extended period of time.
If a claimant does not meet the aforementioned criteria, he/she may still qualify under a section in the Blue Book, which states that any individual with a medical history documenting at least two years of any chronic affective disorder, including Bipolar Disorder, can be granted disability benefits, despite the support of medication, if the impairment or ailment has resulted in:
- limitations of the capacity to perform basic work action, even when symptoms are controlled with psychosocial support and medication.
- the claimants condition must lead to persistent decompensation periods, or
- the residual illness process has caused a subsidiary adjustment that even a nominal boost in mental demands would cause the claimant to decompensate.
Because applying for disability benefits with a Bipolar Disorder diagnosis can be a complex and intimidating process, hiring a qualified Social Security Disability lawyer or disability advocate may be in a potential claimants best interest.
When A Mental Health Condition Becomes A Disability
A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity. This is defined under the Equality Act 2010.
Your condition is long term if it lasts, or is likely to last, 12 months.
Normal day-to-day activity is defined as something you do regularly in a normal day. This includes things like using a computer, working set times or interacting with people.
If your mental health condition means you are disabled you can get support at work from your employer.
There are many different types of mental health condition which can lead to a disability, including:
- dementia
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What We Do For You
If you haven’t applied for SSD benefits and you have questions, we can help you apply.
If your application was denied, it’s crucial to act quickly. You have only 60 days to appeal. Otherwise, the process starts all over again.
We win the majority of appeals for our clients. We help you by:
- Gathering documents from your Social Security file
- Gathering medical records and reports
- Gathering other types of evidence for your claim
- Answering questions you may have
- Talking with your doctor about your bipolar disorder and how it makes you unable to work
- Telling you what to expect at your Social Security hearing
- And more
Best of all, if we help you apply or handle your appeal and you don’t receive SSD benefits you won’t owe us anything. There really is “Never a fee unless we get money for you.”
Do I Qualify For Disability For Bipolar Disorder
When youre suffering from bipolar disorder, you might feel alone. But youre not. According to the National Institute of Mental Health, an estimated 4.4 percent of U.S. adults experience bipolar disorder at some time in their lives.
To qualify for benefits for bipolar, according to the Social Security Administrations blue book list of impairments, your condition must have three or more of these characteristics:
- Pressured speech
- Involvement in activities without regard to a high chance of painful consequences
- Increase in goal-directed activity or physical agitation
Winning disability benefits is all about proving you cant work. So you also must show an extreme limitation in oneor marked limitation in twoof the following areas of mental functioning:
Or, you can show that your mental disorder is serious and persistent. That is, you have a medically documented history of bipolar disorder over a period of at least two years, and there is evidence that:
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Contact Our Experienced Nationwide Firm
If you or someone you know is looking to receive long term disability benefits and needs the help of an experienced attorney, speak with our nationwide LTD attorneys today. Our firm has significant experience helping people just like you obtain or defend their long term disability benefits.;Contact Walker & Hern;for a free consultation.
Bipolar Disorder And Social Security Disability Benefits
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Bipolar disorder sometimes known as manic depression is a disorder of the brain. People with this disorder will often experience extreme shifts in levels of activity, mood and energy. Such extremes are referred to as manic and depressive episodes. Out of all bipolar disorder cases, 83% are classified as severe.
Most cases of Bipolar Disorder go undiagnosed throughout childhood and teen years, leaving most diagnoses to be delayed and without medical treatment until well into adulthood. If untreated, this can be a dangerous disorder, as many people who suffer from this condition can experience suicidal thoughts during depressive episodes, and can engage in risky behavior during manic episodes.
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Diagnosis And Treatment Of Bipolar Disorder
A diagnosis for bipolar disorder may rely on a physical exam and psychiatric assessment, among other assessments more specific to your condition. ;Self-assessments and keeping a daily record of your moods are common in reaching a diagnosis. ;A doctor may also look at your medical and family history, as bipolar disorder is often genetic.
Treatments for bipolar disorder are aimed at managing symptoms, as bipolar disorder usually lasts throughout ones lifetime and typically does not go away. ;Treatments may include medications such as mood stabilizers, anti-depressants or antipsychotics, and therapy such as psychological counseling or cognitive behavior therapy. ;Medication and therapy often work in conjunction with each other, depending on your specific bipolar diagnosis.
In more extreme cases, some may need to undergo hospitalization or inpatient or outpatient treatment, particularly for severe manic or depressive episodes.
How Much Are Bipolar Disability Benefits Worth
If you meet the requirements for bipolar disability as stated above, you might be eligible for Social Security Disability Insurance or Supplemental Security Income . The process of applying for bipolar disability benefits can be very stressful; however, it is rewarding.
Disability payments under the above can be sufficient to cover your medical and other bills. It can also meet daily needs, such as food and living utilities. To make the process easier, it would help if you briefed and enlisted the help of a social security attorney.
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Types Of Bipolar Disorder
The insurance company may also want to know what type of Bipolar Disorder you suffer from.; Health;experts classify bipolar disorder;into four types:
- Bipolar Affective Disorder 1: This type is diagnosed when you have had at least one manic episode, which could be followed or preceded by a major depressive or hypomanic episode. Individuals with;Bipolar 1 experience full-blown mania. Symptoms may include high energy, insomnia, racing thoughts, extreme talkative behavior, hallucinations and delusions.
- Bipolar Affective Disorder 2: Sometimes;referred;to as;Swinging;Bipolar, you may be;diagnosed;with Bipolar 2 if you experience at least;one depressive episode;and one hypomanic episode. Unlike Bipolar 1,;those;diagnosed with Bipolar 2 arent known to have psychotic episodes.;They can, however, suffer badly from depression.
- Cyclothymic Disorder: Cycolthymic Disorder is characterized by at least a two-year history of;periods of;both hypomania/mania and depression, but not to a major extent.;Your manic;and depressive episodes;can go back;and forth over a period;of time, but;not enough to meet full;criteria;of major depression. Those diagnosed with Cyclothymic Disorder do have trouble functioning at times.
- Bipolar;Affective Disorder NOS : This type is diagnosed when you experience some characteristics of bipolar disorder, but none of which can be classified as one of the three other types.
Qualifying For Benefits With Bipolar Disorder
The Social Security Administration maintains a listing of impairments. This list describes medical and mental health conditions that are considered severe enough to prevent an individual from participating in substantial gainful activity . There is a list for both adults and for children.
Bipolar disorder is listed in the SSAs listing of impairments. To qualify for Social Security Disability Insurance benefits as an individual with bipolar disorder, you must submit evidence of the following:
1. Medical documentation of a diagnosis of bipolar disorder, characterized by at least three of the following symptoms:
- Pressured speech;
- Involvement in activities that have a high probability of painful consequences that are not recognized; or
- Increase in goal-directed activity or psychomotor agitation;
2. Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning:
- Understanding, remembering or applying information;
- Interacting with others;
- Concentrating, persisting, or maintaining pace;
- Adapting or managing oneself.
3. The mental disorder is serious and persistent, with a documented history of the existence of the disorder over a period of at least two years, with documentation of both:
- Medical treatment, mental health therapy, psychosocial support, or a highly structured setting that is ongoing and that diminishes the symptoms and signs of the mental disorder; AND
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Symptoms Of Depression Include:
- Increased activity generally, especially goal-directed activity
- Increased reckless behavior such as gambling, spending sprees, social behaviors
Bipolar II is more common than Bipolar I. Like Bipolar I, it is often first diagnosed in young people.; However, unlike Bipolar I, individuals with Bipolar II never experience manic episodes. Instead, they experience periods of major depression along with periods of hypomania. Unlike mania, the symptoms of hypomania are not severe enough to cause severe impairments in social and occupational functioning. However, this does not mean that individuals with Bipolar II cannot qualify for disability benefits.
Bipolar disorder is included in the Social Security Listings of Impairments, which means that if your illness has been diagnosed by a qualified medical practitioner and is severe enough to keep you from working, you are eligible to receive disability benefits. However, because there are no medical tests for these mental illnesses, it is vital that you see a psychologist or psychiatrist who can support your application.