Unfortunately, say that you have been made the victim of a personal injury accident or a traumatic event. In its aftermath, you hopefully do not walk about with any serious, debilitating bodily injuries. But even so, you may struggle with shaking off this incident, so to speak, and repeatedly play it out in your head. This may constitute a case of emotional distress. Continue reading to learn whether you can claim emotional distress in your Social Security Disability Insurance (SSDI) benefits application and how one of the experienced New Jersey mental & emotional disability SSDI benefits lawyers at The Law Offices of Sheryl Gandel Mazur can help prove your point.
Can I claim emotional distress to get SSDI benefits?
First of all, by definition, emotional distress is a highly unpleasant emotional reaction caused by another person’s conduct, regardless of whether they were negligent or intentional. Such emotional reactions may be exhibited as mental suffering, anguish, outrage, fury, or humiliation.
Such emotional distress may manifest into a recognizable and diagnosable mental disorder, commonly depression, bipolar disorder, anxiety disorder, schizophrenia, obsessive-compulsive disorder, and post-traumatic stress disorder. Nonetheless, these mental disorders are listed on the Social Security Administration’s (SSA) Blue Book, meaning that it may make you eligible for future SSDI benefits.
How do I prove that my emotional distress is a disability?
Within your SSDI benefits application, you must prove that your emotional distress has translated into a mental disorder. Not only that, but this mental disorder has plagued you for at least one year thus far. This may require you to supplement your form with a year’s worth of medical records detailing any or all of the following:
- Your medical history of attending inpatient or outpatient psychiatric treatment facilities.
- Your therapist’s or psychiatrist’s notes from your attended mental health counseling sessions.
- Your psychiatrist’s prescriptions for medications to alleviate the effects of your mental disorder.
Once you establish the existence of your mental disorder, you must demonstrate that it significantly hinders you from maintaining employment. This is because there are many individuals with minor cases of anxiety, depression, or otherwise who are capable of meeting the SSA’s substantial gainful activity criteria.
Nonetheless, the key to proving this may be with a Mental Residual Function Capacity (MRFC) assessment form. A treating physician, specialist, or medical consultant connected to the SSA may fill out and file this. The MRFC may offer guidance on your mental and cognitive functions as they relate to work, such as the following:
- Your ability to understand and follow instructions.
- Your ability to maintain attention and concentration.
- Your ability to socially interact with coworkers, supervisors, etc.
- Your ability to respond to constructive criticism from a supervisor.
- Your ability to adapt to changes or new demands in your workplace.
- Your ability to maintain a consistent routine and show up to work regularly.
If you still have lingering questions at this point in time, please do not hesitate to reach out to one of our lawyers skilled in SSDI eligibility in New Jersey. The team at The Law Offices of Sheryl Gandel Mazur will certainly be the perfect fit for you.
