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Can You Claim Disability for Schizophrenia in New York?

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How a Social Security Disability Attorney Can Help You

Claiming disability for schizophrenia isn’t easy, but it’s possible if you meet Social Security’s criteria. You need to show that:

  • Your schizophrenia symptoms make it impossible to work your current or most recent job.
  • You can’t work a substantial amount at any job.
  • Your symptoms will continue to affect you for a long time, 12 months or more.

Many people get denied disability benefits for schizophrenia because a claims examiner thinks they could continue working with the right treatment or work in a different job.

Don’t give up if your claim was denied. Let the Binghamton disability lawyers at Lachman & Gorton Law Office help with your appeal.

Disability benefits could be the key to greater peace and stability.

But most people don’t understand what it’s like to live with schizophrenia. Lachman & Gorton has extensive experience helping people in your situation. Don’t try to do this on your own.

From our office in Endicott, our disability attorneys have been helping people in Binghamton, Elmira, Rochester and across the region win disability benefits on appeal for 35 years.

When you work with our firm, you’ll work with an actual lawyer, not just a representative or advocate. We help with every level of appeals, taking cases further than many disability lawyers will.

Appealing a denied disability claim is never easy. It’s especially challenging when you’re dealing with a mental health condition like schizophrenia.

Your initial consultation with the Lachman & Gorton team is free.

In fact, you won’t pay an attorney fee until you win benefits.

When Does Social Security Consider Schizophrenia a Disability?

You can only claim Social Security Disability benefits if you can’t work, but how do you show the Social Security Administration (SSA) that your schizophrenia symptoms are that serious?

A crucial part of your schizophrenia disability claim is your residual functional capacity, or RFC.

This measures what kind of work you can do even with your health issues. Maybe you can’t do your current job, but Social Security could use your RFC to conclude there’s another type of work that you could do.

The SSA divides work into five categories in order of how physically and mentally taxing they are. Starting from the least stressful type of work, Social Security has sedentary, light, medium, heavy and very heavy classifications.

If someone has a physical job and they develop a health condition that affects their mobility or ability to lift and carry objects, a claims examiner might understand they can no longer do that kind of work.

They could decide that working at a desk, something considered sedentary, is possible instead. Then that applicant wouldn’t qualify for disability benefits.

But you’re managing a major mental health issue, not a physical one.

Symptoms of schizophrenia, like delusions, hallucinations and catatonia, can interfere with every aspect of work, whether the work is physically heavy or light.

Schizophrenia makes it hard to understand information, stay on task and interact with others, including coworkers, supervisors and members of the public.

The issue is getting a claims examiner to see your situation.

You’ll need plenty of evidence when you appeal a denied disability claim. Our Upstate NY disability lawyers can help you gather what you need.

Start with a FREE schizophrenia claim consultation.

What Evidence Do I Need for a Schizophrenia Disability Appeal?

Talking about your symptoms and how they stop you from working is fine, but it’s often not enough for the SSA. It wants to see “objective” evidence of your disabling condition.

This is especially true for mental health claims like schizophrenia and other ailments that are hard for people to see and understand.

Your evidence helps you tell your story and make your limitations clear to Social Security.

Items that you should have for your appeal include:

  • Evaluations from psychologists, psychiatrists and other mental health professionals
  • Your doctor’s evaluation of your capabilities and limitations
  • Medical imaging, like MRIs and CT scans
  • Results of brain activity tests
  • Treatment records, including which methods you’ve tried and their effectiveness
  • Records of hospitalizations and emergency room visits
  • Lab tests that can rule out chemical imbalances and treatable medical issues
  • Evidence of disruptions to work, like missed days or a need for reduced hours
  • Statements from friends, family members and anyone else who has seen you struggle with your symptoms

Many people initially get denied disability benefits for mental health issues because they don’t have enough evidence to satisfy Social Security’s standards.

If your application for benefits was rejected, work with the team at Lachman & Gorton to strengthen your appeal with more evidence.

Do I Need to Get a Binghamton Disability Lawyer?

How much work it takes to apply for disability benefits often surprises people. The entire process can be confusing and intimidating.

Appeals are even more complicated. If you don’t have experience appearing in front of disability judges or making legal arguments, your odds of success are low.

Our Binghamton disability lawyers know how appeals work and what you need to get approved.

We’re ready to help you strengthen your schizophrenia disability claim and avoid mistakes that could get you denied disability benefits again.

It’s easier to navigate all four stages of Social Security Disability appeals with an experienced attorney at your side:

Stage #1: Reconsideration

This first step in appealing offers low odds of success, with only around 10% to 15% receiving benefits after a review by another claims examiner. But you need to file for reconsideration to keep your claim alive. You must file your request for reconsideration within 60 days of your denial.

We can help you make your claim stronger and lay the foundation for winning benefits in later stages of appeal, even if you don’t win benefits yet.

Stage #2: Disability hearing in front of an administrative law judge (ALJ)

This is often your best chance to win disability benefits for schizophrenia. You get the chance to explain in person how your symptoms affect your ability to work.

A Binghamton disability attorney can prepare you, so you know what to expect. We’ll also cross-examine any expert witnesses sent by the SSA.

Stage #3: Petitioning the Appeals Council at Social Security

If you’re denied benefits at your hearing, you can ask the Appeals Council to review it. This isn’t the time to introduce more evidence. You need to identify an appealable legal error.

The Appeals Council can uphold the hearing decision, send you back for another hearing or award you benefits outright.

Stage #4: Suing in Federal District Court

The last chance to appeal takes you out of the Social Security system and into federal court. You’ll submit legal briefs, with the help of your attorney, and the SSA can respond. It’s unlikely that you’ll go to court in person.

Not every disability attorney helps in federal court. Many firms recommend us to their clients who need to make Appeals Council or federal court cases.

So don’t try to appeal on your own. Reach out to the team at Lachman & Gorton if you’ve been denied benefits.

Let us help you get another chance at support for a better life.

Contact Us Today.

National Organization of Social Security Claimants’ Representatives
United States District Court of Northern and Western Districts
Broome County Bar Association