The Sullivan Law Office provides assistance in ensuring that all applicants and recipients receive all of the benefits to which they are entitled in all kinds of disability cases. These include Social Security Disability, long-term disability, short-term disability, state retirement and workers’ compensation.
Eating disorders are characterized by disturbances in eating behavior and preoccupation with, and excessive self-evaluation of, body weight and shape.
Symptoms and signs may include, but are not limited to, restriction of energy consumption when compared with individual requirements; recurrent episodes of binge eating or behavior intended to prevent weight gain, such as self-induced vomiting, excessive exercise, or misuse of laxatives; mood disturbances, social withdrawal, or irritability; amenorrhea; dental problems; abnormal laboratory findings; and cardiac abnormalities.
EXAMPLES of disorders evaluated by Social Security in this category include anorexia nervosa, bulimia nervosa, binge eating disorder, and avoidant/restrictive food disorder.
Trauma- and stressor-related disorders are characterized by experiencing or witnessing a traumatic or stressful event or learning of a traumatic event occurring to a close family member or close friend, and the psychological aftermath of clinically significant effects on functioning.
Symptoms and signs may include, but are not limited to, distressing memories, dreams, and flashbacks related to the trauma or stressor; avoidant behavior; diminished interest or participation in significant activities; persistent negative emotional states (for example, fear, anger) or persistent inability to experience positive emotions (for example, satisfaction, affection); anxiety; irritability; aggression; exaggerated startle response; difficulty concentrating; and sleep disturbance.
EXAMPLES of disorders evaluated by Social Security in this category include posttraumatic stress disorder and other specified trauma- and stressor-related disorders (such as adjustment-like disorders with prolonged duration without prolonged duration of the stressor).
This category does not include the mental disorders that Social Security evaluates under anxiety and obsessive-compulsive disorders, and cognitive impairments that result from neurological disorders, such as a traumatic brain injury, which is evaluated under neurocognitive disorders.
An Intellectual disorder is characterized by significantly subaverage general intellectual functioning, significant deficits in current adaptive functioning, and manifestation of the disorder before age 22.
TIP: get school records. Any record of special education services is GREAT evidence to meet the “before age 22” requirement. Even a history of failing grades or repeated grades will help. There is a lot of case law on point here. In many cases, in the absence of a brain injury, a low IQ demonstrated on recent testing may be presumed to have existed backward in time. Couple this with school records and you are a long way to meeting the requirements of this Listing. Be careful, the Listing at 12.05(C) requires deficits in adaptive functioning. Showing that someone sustained semiskilled work for years in spite of the low IQ is usually fatal to this type of Listing. By comparison, consistent failures at succeeding in even unskilled work are helpful. An inability to live indecently is likewise helpful. Get testimony as to family members who help your client with daily events like handling money, paying bills, keeping up with order and cleaning in the home.
Signs may include, but are not limited to, poor conceptual, social, or practical skills evident in your adaptive functioning. The disorder that Social Security evaluates in this category may be described in the evidence as intellectual disability, intellectual developmental disorder, or historically used terms such as “mental retardation.” This category does not include the mental disorders that it evaluates under neurocognitive disorders, autism spectrum disorder, or neurodevelopmental disorders.
Hiring a qualified disability lawyer ensures the proper evaluation of your disability matter. To improve your chances of meeting all of the requirements for the allowance of a claim (and avoiding the denial of benefits), retain the services of a qualified Kentucky Social Security Disability attorney. Contact Sullivan Law Office today. We offer free consultations, so you have absolutely nothing to lose! We look forward to hearing from you. Call 888-587-0228 or visit us online.