It is an unfortunate fact, but according to the Social Security Administration (SSA), one in four 20-year-old workers – 20 percent – will suffer an injury. Thankfully the federal government has set-up the Social Security Disability Insurance (SSD, SSDI, or DI) program. Most workers have paid into the SSD system for their entire working life, so SSD is not a hand-out. Rather SSD is a program that can permit hard-working people who have suffered a serious illness or injury to get back on their feet. The Law Practice of Ken Kieklak can answer your questions regarding SSD in Bentonville and handle your claim from start to finish.
What is an Anxiety Disorder?
In most people, anxiety is a manageable part of life and it can even be beneficial in some situations where extreme care or caution are warranted. However, anxiety can also become unwarranted by the circumstances, excessive, and unmanageable. Aside from the typical generalized anxiety disorder where the individual is consumed with unrealistic worry and self-consciousness, there are a number of other anxiety related conditions which include:
- Panic disorders – Impairments of this type are characterized by the sudden onset of fear or terror. This condition can often mimic the symptoms of other anxiety disorders including sweating
- Post traumatic stress disorders (PTSD) – Occurring after a traumatic event or severe injury, PTSD is a condition where the fight or flight response can be damaged. People with PTSD often report feelings of fear or terror when they are in no real danger.
- Obsessive-compulsive disorder – OCD is a condition characterized by intrusive thoughts that causes anxiety and the individual can find irresistible to act on. Repetitive hand washing is an example of an OCD impairment.
- Social anxiety disorder – Sometimes termed a social phobia, this impairment causes the affected individual to experience excessive worry in everyday social situations.
Scientists believe that anxiety disorders are caused by both a genetic predisposition and traumatic events play a role in the development of anxiety related conditions. Medical studies have shown that the amygdala and the hippocampus play significant roles in most anxiety disorders.
How will the SSA evaluate my anxiety condition?
Anxiety-related conditions are listed by the SSA. What this means is at Step 3 of the process, if your condition is equal to or medically or functionally equivalent, you will be awarded benefits at Step 3. As a listed condition, anxiety disorders receive special handling by the SSA. Your impairment is likely to be evaluated as an anxiety related disorder if the primary impairment you experience is anxiety. Your conditions also likely to be evaluated as an anxiety-related condition if the individual attempts to master symptoms, but is unable to do so due to expereincing severe anxiety.
The Listing’s handling for anxiety related conditions is located in Section 12.06 are broken up into three requirements:
- Section A is chiefly concerned with types medically documented findings
- Sections B & C are focused on the consequences of the condition
To satisfy the listings requirement one must show at least one of the medical findings under subpart A) and at least two of the consequences in subpart B). Alternatively, one may qualify for SSD benefits if he or she can show at least one of the A) requirements and the C) requirements.
Accepted medical findings required by part A include:
- Three of four of the following are presents: motor tension, autonomic hyperactivity, apprehensive expectation, and vigilance and scanning.
- Persistent irrational fear of an object, activity, or situation.
- Severe panic attacks that are of rapid onset and reoccur, on average, at least once a week
- Reoccurring obsessions or compulsions that cause severe distress
- Reoccurring recollections of trauma that is a source of severe distress
The A subsection is satisfied when one or more of these findings can be shown. To satisfy subsection B) at least two of the following consequences must be shown:
- A marked restriction in daily living
- A marked difficulty in social functioning
- Marked impairment in maintaining concentration, pace or focus
- Repeated instances of extended periods of decompensation
In the alternative to using the B) subsection to prove your condition, you could utilize the C) subsection to show that you have a complete inability to function independently in the outside world.
Put our SSD experience to work for you in Bentonville
For more than 20 years Fayetteville AR disability lawyer Ken Kieklak has fought for hard-working Arkansans in Bentonville. For your free and confidential SSD consultation, call (479) 316-0438 or contact us online.
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