Case Strategy for Disability Claims
Based on Bipolar Disorder
The Social Security Administration has long recognized Bipolar disorder as a legitimate reason for being approved for disability. If you have been diagnosed with bipolar disorder, there are two methods/strategies you can take when applying for disability benefits. In fact, you I recommend to my Bipolar clients that they use both strategies when they apply.
The “12.04 Listing argument”
The first method is to explain that your bipolar condition is severe enough to meet listing 12.04, which is the definition of bipolar disorder according to Social Security. For you to qualify, your doctor must give you a written document stating that your bipolar symptoms result in marked difficulties in your functioning.
It is helpful to take along a copy of the 12.04 listing to your doctor and ask them to write you a letter that states you meet the requirements of the listing. Your disability attorney can provide your doctor with a form that matches with the 12.04 listing.
You should understand that Social Security scrutinizes every claim that comes in based on the listing. Listing 12.04 and all other listings are created to make it harder for you to win, and the Social Security case workers have learned to look for very specific words and records from your doctor’s report before they will approve your case.
The Residual Functional Capacity Argument
This more common method of winning your claim based on bipolar disorder deals more with the work limitations your doctor has listed than with the wording used in your medical records. This is known as the “residual functional capacity” argument, also called the “RFC” argument. Basically your doctor is verifying that based on your condition, your ability to work is impossible - even at an easy job that requires no skills.
Focus on Specific Activity Limitations
The RFC argument focuses more on the physical/mental limitations of your disorder and the problems you would face trying to function at even a low stress and easy job. Most Bipolar disorder cases are based on whether or not the judge believes you are incapable of performing even the simplest of jobs or whether you can perform an easy job with certain limitations as in not standing or sitting too long or having too much contact with other people whether they are coworkers or customers. A few jobs they consider would be:
Small parts assembler, taking tickets at a movie theatre, surveillance system monitor, hand packer, etc.
At most hearings, the judge will ask that a vocational rehabilitation expert testify about your previous jobs and whether or not you are able to perform easy, non-demanding jobs.
Examples of Winning Work Limitations
If you can specifically identify limitations resulting from your disorder or the medications you take and prove that you cannot physically get through a day of work, then you are likely to win. It is sometimes difficult to see these changes in yourself sometimes; it is best to ask someone close to you to help you by explaining some of your behaviors or actions that would limit your ability to hold a job.
BipolarCentral.com is a great web site for bipolar sufferers and family members alike. On the site you will find explanations and discussions about the emotional, physical and financial difficulties that can happen due to your having bipolar disorder. In the Articles and Stories section you will find firsthand accounts from patients and family members that may help you identify your own limitations and help you with your case. Some limitations the judge may find believable would be: that you need to take frequent unscheduled breaks, that you would miss more than three days per month, that you may suffer an emotional breakdown while at work, that you may have trouble getting along with others, that your concentration is impaired, or that you would not be able to follow easy instructions. (This list simply shows some examples of limitations; you would not necessarily have to prove that you have all of these limitations to be able to win your case).
Because the RFC argument is a legal argument, many of the terms used by Social Security have definite legal meanings. Such terms include “marked limitation,” “substantial work,” “decompensation,” “frequent,” “often,” and “poor performance.” Due to the legal aspect of this argument, it would serve you best if you hire an experienced Social Security disability attorney.
Conclusion: You will need your doctor’s support
Social Security may grant your claim based on the severity of your symptoms and the way these symptoms impact your abilities to perform even the simplest of jobs. However, a doctor or therapist who is familiar with disability laws and claims can offer you some great assistance in your claim. When applying for the disability benefits ask your doctor to assist you by using the language that Social Security lists use and by stating the exact limitations that your disorder causes you.