New SSA Rule Possible: Testing for Mental Health Disability Coverage
Physical and mental medical tests can be helpful to verify conditions, or to rule out the possibility of some illnesses. With the proposed Social Security Administration (SSA) rule to change the way mental health disorders are evaluated, however, the goal of using mental health testing seems to be to weed out who does and does not deserve Social Security Disability coverage. For many mental health advocates and patients, the prospect of a rule such as this presents a disturbing picture for what could happen to those will mental illness.
Current Process
Around 16 million people receive disability coverage for both physical and mental impairments in the U.S. today. Currently, people seeking Social Security Disability (SSD) coverage apply at the state level. State adjudicators determine who gets these benefits based on patients' mental health records and the opinion of their mental health providers. For those deemed qualified and incapable of working, disability benefit awards are typically monthly payments between $500 and $1,000. Testing could change these awards.
Testing Controversy
The proposed SSA rule does not mandate the potential mental health testing, but it gives an in-depth discussion on using tests to decide if a person is mentally capable of working. The controversy here is the rule's vagueness on whether or not testing is a requirement in awarding disability benefits. Mental health advocates are afraid the rule leaves the testing option open to interpretation, so some states may impose it as a requirement. Others in the field think the rule will not have an effect and tests will only be used in some rare cases.
Potential Impact
In some states, like Illinois, over 66 percent of people who submit a new application for Social Security Disability coverage for mental disorders are already turned away from receiving both health insurance and cash payment benefits. Some advocates think this number could increase even more if testing is instituted, whether by requiring it or by states interpreting it as a tool to further weed out candidates. Many of those with mental illness already make up much of the nation's homeless population, so testing could make more people homeless.
Up in the Air
Advocates and others continue to voice their opinions on this rule, calling for the testing language to be removed to avoid the problems of interpretation. The public comment period for this SSA rule appears to have ended, but it could still take months before the final rule appears. In the meantime, there are people in America with qualifying mental and psychological disorders who need medical care and help with necessary expenses.
If you or a loved one has been diagnosed with a mental illness that makes work difficult, contact a New York SSD attorney to discuss your legal options. Our dedicated lawyers and professionals at Schwartzapfel Partners P.C. have the experience and knowledge you will need by your side when seeking mental health disability coverage. Learn how we can help you by calling us today at 888-801-1914. You pay no fees for claim evaluation, and you pay no attorneys fees unless and until we win your claim for you.
