This feature appears from time to time as a means of illustrating the challenges that many applicants for social security disability benefits experience, in their efforts to be approved. These challenges include the many levels of decision-making for a social security disability claim (Initial application, Reconsideration, Hearing, Appeals Council, Federal Court), the specific issues raised by alcohol and drugs, the need to demonstrate that you cannot do past work or sometimes, any work at all, and the like. Cases are derived from actual clients I have represented but their names, details and key facts are changed to protect privacy.
“My doctor won’t support me with a letter for Social Security”
At 47, Robert was diagnosed with bipolar I disorder. Now, six years later, he is unable to hold a job. “Originally they thought it was only depression, but then the mania got worse with the depression meds. I guess it’s a little better with the bipolar meds, but I still have a hard time functioning when I’m in one of my mood-swings.”
“When I’m depressed I can hardly get out of bed. I stay by myself and see no one. With the mania, I spend money like crazy, hardly sleep more than an hour or two, and can’t finish any of my projects and I’m even starting new ones. Either way – even though I’m only working four days a week I miss a TON of work. And when I’m there I have a really hard time getting along with customers and coworkers.”
“I spent about 9 years working retail at the Gap, but then I lost my job a few months ago. My previous manager was very understanding and was really lenient about absences. But then we had this leadership change and the new manager was not so understanding. During one of my manic episodes we had a sort of confrontation and I was let go.”
The Lawyer’s View
Robert’s case posed some difficult challenges.
1. Robert had seen a number of counselors for his mental health condition, including medical doctors whose opinions carry great weight with Social Security. Unfortunately, none of his doctors were willing to write a statement regarding Robert’s disability. How would this lack of support impact Richard’s case?
2. Robert’s manager wrote a lay witness letter on his behalf noting many of the ways in which his condition impacted his ability to work. However, her testimony will only be considered “lay witness testimony,” which does not carry as much weight as that of his treating doctors. Will this be enough to find Robert disabled?
3. Robert worked for 5 years after his diagnosis of bipolar disorder. Though Robert has noted he was only able to work because of his supportive work environment, will the judge see things the same way?
What happened?
At the hearing, the judge found that Robert “met a listing” for his bipolar disorder based on the letter from his supervisor and the testimony of the medical expert at the hearing. Social Security listings are those medical conditions (with certain specific symptoms), which result in a finding of “disabled. If an individual meets a listing, it means that Social Security has found your medical condition to be severe enough to qualify you for disability benefits. Though it is rare to have a judge find that you meet a listing at hearing, especially as the result of lay witness testimony and a non-treating doctor, in Robert’s case it was enough.
We won this case.