Categories
General Self-Help

Bipolar Disorder and Depression: Should I Apply For Disability?

There is a lot of misinformation and relative stupidity surrounding Disability and Social Services in general. I’ve met people that view it as anything from a question of weakness and pride to validation of their being screwed up. And all of it is ridiculous to the point of stupidity.

So what is Disability? A quick Google Definition reveals the following:

any government system that provides monetary assistance to people with an inadequate or no income.

– (in the US) a federal insurance program that provides benefits to retired people and those who are unemployed or disabled.

And what is the government definition of Disabled? For that, let’s turn to the U.S. Department of Labor:

The term “disability” is defined by the federal government in various ways, depending on the context. For the purposes of federal disability nondiscrimination laws (such as the Americans with Disabilities Act (ADA), Section 503 of the Rehabilitation Act of 1973 and Section 188 of the Workforce Investment Act), the definition of a person with a disability is typically defined as someone who (1) has a physical or mental impairment that substantially limits one or more “major life activities,” (2) has a record of such an impairment, or (3) is regarded as having such an impairment.

For purposes of Social Security disability benefits, a person with a disability must have a severe disability (or combination of disabilities) that has lasted, or is expected to last, at least 12 months or result in death, and which prevents working at a “substantial gainful activity” level. State vocational rehabilitation (VR) offices define a person with a disability to be eligible for VR services if he or she has a physical or mental impairment that constitutes or results in a “substantial impediment” to employment for the applicant.

So what does that mean?

Simply put, if a recurring physical or mental problem prevents “substantial gainful activity”, such as gainful employment since we all need to do it, you fall under the government definition of “disabled”. All people with Bipolar Disorder fall under this umbrella. All. Now, does that mean that you are eligible for benefits? No. It does mean you can invoke rights afforded to you by the Americans with Disabilities Act and other legislation dealing with people with disabilities.

Approval for benefits comes down to proving that your disability interferes with your ability to conduct at least one major activity, usually working. A recent discussion I had featured the common sentiment of “I’m too sick to work, but not sick enough for disability.” Wrong. If you are too sick to work due to a chronic or recurring condition, then you are “sick enough” for disability! What matters after that point is proving it to the SSA.

But my doctor, family, spouse, whoever tells me I’m not!

Let me again point you back to the legal definition of disabled – (1) has a physical or mental impairment that substantially limits one or more “major life activities,” (2) has a record of such an impairment, or (3) is regarded as having such an impairment. In addition to for purposes of Social Security disability benefits, a person with a disability must have a severe disability (or combination of disabilities) that has lasted, or is expected to last, at least 12 months or result in death, and which prevents working at a “substantial gainful activity” level.

Does your impairment meet these criteria? Do you swing up, work a job for a few weeks or a few months before your downswing destroys it all? Does your depression make it impossible for you to hold down a full-time job? Does your mental illness prevent you from interacting and participating in full-time employment? Does anxiety crush your ability to deal with the public or coworkers? Then you likely meet the legal criteria for being disabled and may have a case to make for disability benefits.

Here’s a good rule of thumb; before you take advice on a matter, have the person define what you’re asking about. If they can’t even tell you what the subject matter is, then how are they providing you meaningful, knowledgeable advice?

I know because I took the time to research it, talk to my attorney, and even spent time bullshitting with a Social Security employee to pick their brain on this subject.

Now, the matter of the doctor that says, “you don’t need it”, which is something I hear about on a regular basis. Simply put – do they actually know what they’re talking about? Remember, their opinions are based off of the information you’ve given them over the handful of hours you’ve interacted with them on a regular basis. They’re not with you 24-7 to see how your mental illness affects you specifically. Their opinions are based on the limited amount of information they have about your life, functionality, and their own knowledge and biases that may not be founded in your reality.

Furthermore, they’re operating off of the information that you give them. Are you giving them all of the right information for them to understand? Do you know every detail and nuance of what you experience to be able to relate it to your doctor?

I had two psychiatrists tell me I didn’t need Disability; even after explaining to them fucking up college and the 24+ jobs I’ve had since I graduated high school, being briefly homeless, and the chaos that was my personal life. You know who disagreed? The Judge that heard my case and approved my claim; which gave me the resources to get my shit together. I have no idea why those two psychs claimed that I couldn’t maintain gainful employment even though I had a 15 year history of not being able to maintain gainful employment.

Doctors aren’t lawyers. Their testimony isn’t the sole lynch-pin in approval or rejection. Their insight and input is one piece of the entire puzzle. It will not make or break your claim.

The Most Important Word

Proof. I bolded and italicized it for a reason. You need to prove that your medical condition prevents substantial gainful activity. Testimony is not proof. It is an opinion. A lot of the information you will provide to the SSA in the application process does not necessarily prove your claim. The more information that you can provide lends more weight to proving the claim. Disability is a government program and is wrapped up in just as much bullshit and red tape as any other government program. This is exactly why you should not listen to your doctor, parents, spouse, whoever.

My advice? Get a local disability lawyer. There are a lot of “national” chains that advertise on television and around the internet. Ignore that crap. You want someone close by who’s office you can actually go to if need be. They work on contingency, meaning they only get paid if you win your claim. Their fees will be a portion of whatever back award you are given. They should lay out how payment works before accepting you as a client.

There is, literally, nothing to lose by talking to a Disability attorney; other than back award money that you may not have been awarded to you without their help.

I spent 4 years in the system, with a mostly blank claim, for some reason, before I finally got smart and secured an attorney. I was too depressed and did not think I would ever get approved, so I did not advocate for myself. Most people will not take that long to get through the process. Average time is about a year at the moment.

Should You Apply For Social Security Disability?

Does your mental illness prevent you from maintaining long-term, consistent, full-time employment?

If the answer to that question is “yes”, then scoot on over to SSA.gov, make yourself an account, and start the application process. You will need your work history and medical history information; as well as names and phone numbers of facilities and medical professionals that have treated you.

If you get rejected, APPEAL. Always, always, always appeal until you are out of appeals. There’s like six levels of appeal, the final being going before a Judge to discuss your conditions and how it affects your life. That is the most likely time for a person with a mental illness to be approved because the step involves you actually discussing your life with someone instead of a person or committee analyzing the information you submitted.

It is MUCH harder to prove how a mental illness negatively affects your daily life through documentation; unlike something like a spinal injury which is clear. But you still want to build your case by providing every ounce of documentation relating to your diagnosis, treatment, and how it affects your life.

Your Life Does Not End With Disability

Disability is a resource. Some people need it for the rest of their lives, some people do not. In my case, I’m very much looking forward to transitioning off of it, hopefully within the next year or so. I’ve used the resources being approved for Disability opened up to me – additional funds and insurance – and worked to get my mental illness manageable.

People that are able to recover may be able to utilize government programs for rehabilitation to go to college or a trade school to actually have a career. Vocational Rehab may pay your way through school, assuming you meet the criteria for it. And if you get unwell in the future? Your prior approval basically lets you skate through the re-application process. You don’t have to go through all that again if you relapse.

Disability isn’t necessarily an end. It may be the beginning of a well, recovered life for you.

Don’t overlook it because some people don’t know what the fuck they’re talking about.

button-facebook-join-me

Subscribe to have blog posts and news delivered straight to your Inbox!


Categories
General

Stigma: Usually A Worthwhile Fight

I was recently sent an article arguing the “offensiveness” in linking certain patterns and beliefs to mental health. The subject was a paranoid schizophrenic painter by name of Martin Ramirez. A curator suggested certain symbolism in his art denoted a “more sane and less mentally ill part of Ramirez”. Apparently, this was some indicator of a greater problem in perception of the man.

This raises a significant question to me. Who actually cares about this kind of thing? The article does suggest the sentence could have been taken out of context- which it was. It was some curator trying to comment on the unique work of Ramirez while acknowledging what drove his thought processes. He wasn’t a psychologist. The curator didn’t struggle with his own mental health. That is apparent by his comment.

The article goes on to state that it is a perfect example of the kind of attitudes we experience on a daily basis in our private and professional lives. Demanding that degree of understanding from normals is as futile as bailing out the Pacific with a thimble. Even the people we are closest to in our lives often do not fully understand why we do what we do or what we think what we do. How are we to expect society to do that on a whole? They cannot. It’s impossible.

Normals can play an ancillary role in the struggle for understanding and social acceptance but it is ultimately up to we, the mentally ill. Our path is no different than that of the Civil Rights movements that have occurred throughout this country’s history. The only difference is our bond crosses race, sex, orientation, and faith.

We as a whole should focus on picking ourselves and others that are mentally ill up. Why? The more of us that are well and able to show through action that we are deserving to not be treated like a sideshow the greater impact there will be. Would it not be better to see Senators or Representatives that have fought with and learned to manage their mental illness? Would those kind of people not be more inclined to push for more effective protection against the jackals in the insurance industry? Would that not offer more hope to people that they could get well?

Fighting stigma is important- if it matters. I understand that people lose careers, families, and their sense of self every day because of mental illness. I feel for you. I really do. But the battle for Political Correctness will only provide the illusion of progress.

Don’t believe me? Then why are so many women still paid far less in the same position with the same education and experience as a man? Why did it take Congress 30 years to repeal sentencing parameters being five times longer for the same amount of crack-cocaine than regular cocaine? A crack rock is to cocaine powder what ice is to liquid water; they‘re the same thing. The only difference was crack was the drug of the poor and minorities while cocaine continues to be the drug of the middle to upper class.

There is no perfect equality and there never will be. Someone will always be under foot, oppressed, and fighting. Does that mean we should not stand up for ourselves against the tide? Absolutely not!

It does mean we should pay more attention to which battles are worth fighting. Focus on the battles that will allow us to conduct our lives in a way that is gainful and meaningful to us. I’m not interested in the illusion of equality and opportunity that so many people have in this country. I’m interested in real opportunity for the mentally ill, women, minorities, and anyone else deserving.

Opening our own avenues of opportunity will bring equality and understanding.

button-facebook-join-me

Subscribe to have blog posts and news delivered straight to your Inbox!