Psychological Disability: Very Real, But Difficult To Prove
Often, the things we can see with our own eyes are easier to believe than the things we cannot see. That is the case with psychological illnesses; they are hidden just below the surface. And yet, these illnesses are very real and can be even more debilitating than a broken limb or a chronic physical condition.
If you break a leg, usually it heals. Once healed, you can return to your normal activities with few or no restrictions. Psychological illnesses are more complicated. While many psychological conditions can be successfully treated, others are profoundly disabling, leaving you incapable of working or taking care of yourself. In situations where an individual is disabled and cannot work, that disability can be more difficult to prove to insurance carriers than physical conditions. And, defense attorneys more often will fight this type of claim, knowing how difficult it is to prove something that does not show up on an x-ray or in a blood test.
It’s Not All In Your Head . . .
While there are some psychological disorders that result specifically from an external trauma or stress, there are many more that result from a malfunction in the brain. Schizophrenia, clinical depression, obsessive-compulsive disorder, and bi-polar disease, for example, are traced to chemical imbalances in the brain. An individual may go the first thirty years of his life without symptoms. Then, a trauma or life change can occur that brings these symptoms to the surface causing disruption and even tragedy. Obviously, in these extreme cases, the individual is unable to work. Although there are no visible signs of illness, psychological disabilities are real, painful, and much more difficult to treat than, for example, chronic back trouble. In addition, psychological illness carries with it societal stigmas, making the return to work or community even more of a challenge for the afflicted person. Yet, there are methods by which doctors can diagnose
mental illness, trace it to its origins, and treat the patient with appropriate medication. And, with the proper treatment and documentation, psychological illnesses can be proven and benefits can be obtained.
Obtaining Disability Benefits . . .
If you have suffered a psychological illness and you are unable to work, the first thing to do is seek medical care, even if that means starting with a visit to your primary care physician.
In addition, it is prudent to seek the assistance of a close family member or friend to help you get appropriate medical care and legal representation.
You probably should seek the advice of a disability attorney before filing any claims. An attorney experienced in disability law will know the steps you need to take in order to pursue a successful outcome of your case. He or she will ask you for your medical (including psychological) history, and assist you in submitting your claim, guiding you through the claims process to alleviate the stress often associated with pursuing disability benefits.
Psychological disorders and conditions may be more difficult to prove. However, obtaining the right treatment and legal representation can help you to get better and to get the benefits you deserve and most certainly need.
Over-stretched Military & PTSD
According to a recent report by the inspector general of the Department of Veterans’ Affairs, the number of veterans diagnosed with Post Traumatic Stress Disorder (PTSD) has risen sharply – almost seven times as fast as Veterans receiving disability benefits overall. The costs have increased more than 150% over the last five years. Surprisingly, these figures do not even include those Veterans returning from the Iraq and Afghanistan wars. Rather, the Veterans currently seeking medical help are mostly Viet Nam veterans, decades after the war’s end. It has been estimated that well over 300,000 Iraq and Afghanistan War Veterans returning stateside have been diagnosed with PTSD, and many more go undiagnosed altogether.
What Is PTSD?
PTSD is a psychological condition that results from traumatic life experiences such as a violent attack, a car accident, a rape or, war. Days, months, years, and even decades after being involved in or witnessing a traumatic incident, PTSD sufferers re-live that incident over and over again. The results are emotionally paralyzing, preventing them from making and keeping relationships, holding down jobs, or just living their lives.
Perhaps most troubling is that those with PTSD don’t always realize they have it. Often, Veterans returning from a war zone simply cannot get their lives back together. Common symptoms of PTSD include:
•Reliving the trauma as if it were reality;
•Recurring memories of the trauma;
•Bad dreams;
•Physical and psychological discomfort;
•Jumpiness;
•Paranoia; and
•Rage.
The frequent disorders associated with PTSD are: alcohol or drug addiction, depression, and severe anxiety.
It is critically important for Veterans, as well as others who have suffered trauma, who suspect they may have PTSD to seek medical help immediately. There are treatments, as well as disability benefits available to them.
Legislative News . . .
Tragically, the VA currently has a backlog of more than 600,000 claims (including Veterans from the Iraq and Afghanistan Wars). That means that after serving their country with honor, these Veterans may now wait many months and many years to receive disability benefits that will just help them to survive.
The national disgrace of ignoring the needs of those who put their lives on the line for us may finally be ending.
About DeHaanBusse LLP . . .
DeHaanBusse LLP is a leader in disability law including Federal Employee Retirement System Claims (FERS) and Civil Service Retirement System Claims (CSRS), Private Insurance Policy Claims, Employee Benefit Claims (ERISA), and VA Disability Claims. Our practice is based upon one simple premise: you have the right to receive what you have paid for and what you have been promised according to the law.
We focus on and believe that the safety net most Americans have worked long and hard to provide for themselves and their families should be there when they need it. Unfortunately, more and more that is not the case. Insurers often arbitrarily deny legitimate disability claims, despite the costly premiums paid out through the years. Their decisions have resulted in the near financial collapse of many individuals and their families.
Why Our Firm?
Knowledge – Our attorneys have an in-depth knowledge of the process and the law as it specifically applies to disability, and will provide you with a realistic opinion of your case.
Experience – We know which details are fundamentally important to achieving a favorable decision in your case. Our partners collectively have over 55 years of experience in disability law.
Personal Attention – We know our clients come to us at extremely difficult times in their lives. That is why our attorneys and our entire staff are uniquely responsive to their needs. We believe in and practice total transparency, and take the time required to explain the details as well as all legal fees relating to your case. We are here to help, and are available to you for a free consultation. Call us today.
Did You Know? Take The History Quiz . . .
U.S. Presidents . . . 1. Which president served the shortest term?
2. Which president served the longest term?
3. What happens if the president is charged with conspiracy?
4. Without Congressional authority, the president may deploy troops for how long?
5. Who was the tallest president?
6. Who was the first president born a U.S. citizen (after the Declaration of Independence)?
7. Who started the presidential tradition of throwing the first pitch at a baseball game?
Answers: 1.)William Henry Harrison 2. )FDR 3.)Congress may impeach him. 4.)90 days 5.)Abe Lincoln 6.)Martin VanBuren 7.)William Taft