Mental Health Disability Claims (SSDI/SSI) in Charleston, West Virginia
If depression, anxiety, post‑traumatic stress disorder (PTSD) or another mental health condition keeps you from working, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Mental illnesses are recognized in the Social Security Administration’s listing of impairments—including depressive, bipolar, anxiety, trauma‑ and stressor‑related disorders—and roughly a third of current beneficiaries receive benefits for a mental health disorder.
At the same time, mental health claims can be more difficult to win than physical claims because symptoms vary from person to person and are harder to measure objectively. The SSA and administrative judges sometimes underestimate the seriousness of mental illness. That is why our Charleston law office emphasizes early treatment and solid documentation. Below is what you need to know to build a successful claim.
Why Mental Health Disability Claims Are Harder to Win
Unlike a broken bone that shows up on an X‑ray, mental health symptoms often lack clear medical tests. This makes it harder for the SSA to evaluate mental impairments. Mental health cases may also face skepticism from disability examiners. However, the SSA still approves many mental health claims when the evidence is strong. Conditions such as depression, anxiety disorders, PTSD, and related disorders appear in the SSA’s “Blue Book” of impairments. The key is to prove that your symptoms are severe and persistent enough to prevent you from working.
The Importance of Treatment Records
Medical evidence is the cornerstone of every disability determination. Claimants must provide “objective medical evidence” from acceptable medical sources (psychiatrists, psychologists, counselors or hospitals) to establish that they have a medically determinable impairment. Because mental health conditions can’t be seen on a scan, Social Security relies heavily on treatment records, doctors’ notes, therapy progress notes, and hospital records. Without those records, applications are usually denied
If you’re not in treatment yet, start now. See a licensed psychiatrist and therapist regularly. Attend all appointments, follow prescribed treatments and medications, and be honest with your providers about how your condition affects your daily life. The SSA will look for consistent treatment and compliance with your care plan.
Mental illness can qualify when work limits meet SSA mental rules
We start with your work limits in Charleston, not just a label. You may have a diagnosis on paper, but SSA still looks at how the condition prevents basic work tasks.Under SSDI and SSI, the disability standard is strict—you generally must be unable to engage in substantial gainful activity because of a medically determinable impairment expected to last at least 12 months (or result in death).
We check the four mental work areas SSA uses:
- Understand, remember, or apply information
- Interact with others
- Concentrate, persist, or maintain pace
- Adapt or manage oneself
Steps to Take Before Filing for Mental‑Health Disability
Before contacting our office, make sure you’ve taken these critical steps:
- Begin Treatment. See a psychiatrist and therapist or counselor. The SSA rarely approves mental health claims if you aren’t seeing these professionals.
- Keep Detailed Records. Compile names, addresses, phone numbers and dates of treatment for all providers. Save copies of therapy notes, hospitalizations, emergency room visits and pharmacy records. These documents show the severity and frequency of your condition.
- Follow Your Treatment Plan. Take medications as prescribed and attend all appointments. The SSA can’t evaluate your limitations if you’re not following treatment.
- Track Your Symptoms. Keep a journal describing daily symptoms, panic attacks, depressive episodes or trauma triggers. Review this journal with your provider so it becomes part of your official record.
- Request a Mental Residual Functional Capacity (MRFC) Form. Ask your psychologist or psychiatrist to complete this form, which explains what you can and cannot do because of your condition.
- Avoid Working Too Much. If you’re earning above the substantial gainful activity limit, Social Security may decide that you’re not disabled. Discuss any work with your provider and attorney.
Following these steps will ensure that when you apply, your claim is supported by strong medical evidence.
What to Expect at a DDS Mental Health Exam in Charleston
In Charleston, Disability Determination Services (DDS) may schedule an exam if the evidence is thin. This is often called a consultative exam. It is used when DDS needs more information to decide your claim.
SSA pays for the exam. SSA may also pay for certain related travel expenses, and DDS handles travel payment rules in many cases.
The exam reviews mood, memory, thought process, and judgment. You may be asked about symptoms, daily tasks, and work history. The goal is a snapshot of function, not long-term therapy.
Appeals After a Denial
Charleston denials can move through reconsideration, hearing, and more. The point of an appeal is to fix weak spots in the file and add missing mental health evidence.
We file appeals fast and add missing mental health evidence. Most appeal steps have strict time limits, and SSA generally expects you to request the next step within 60 days of the notice.
We request an ALJ hearing by the deadline when needed. We also help you review your file and submit new evidence on time for the hearing process.
How We Help Once Treatment Is Established
Once you have a solid record of treatment, we can step in to make the process easier. Attorney Shawn Taylor has helped thousands of people across West Virginia, Kentucky and Ohio obtain disability benefits. We use Benny—a secure online tool—to streamline your application. Here’s why Benny sets our practice apart:
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No Waiting for SSA: Instead of waiting weeks for a field office appointment, you can start and finish your application immediately through Benny.
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Simpler, Clearer Process: Benny guides you step by step, reducing mistakes and frustration.
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Covers SSDI and SSI: Unlike the SSA’s online portal, Benny accepts both SSDI and SSI applications.
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Faster Lawyer Involvement: Because you apply through us with Benny, we’re in your corner from day one, shaping a stronger case.
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Better Outcomes: Cleaner applications mean fewer early mistakes and better chances of approval.
While other firms wait until someone is denied, we help clients at the application stage. We’ll review your medical records, gather additional evidence when needed and present your case to the SSA. There are no fees unless we win. Our office offers virtual consultations, and most clients never have to appear in court.
FAQs
- Is it hard to get SSI for mental illness if I am not working?
It can still be hard, but you can still qualify if you meet SSI’s non-medical rules for income and resources,and your medical evidence shows limits that keep you from working at a sustained, competitive level. - What evidence should I bring for a mental health disability consult?
You should bring a current treatment list with provider names, clinics, and contact info, a medication list with doses, and any recent records you already hav,e such as therapy notes, hospital discharge summaries, and psychological testing. You should also bring a photo ID and anything you use to function day to day, like glasses or hearing aids. - What should I expect at a DDS mental health exam?
You should expect a focused interview and mental status exam that covers your history, symptoms, daily activities, and functioning, and may include simple memory, concentration, or problem-solving tasks. The examiner writes a report and sends it back to DDS, and DDS uses that report with the rest of your file to decide the next steps. - How do we prove a mental disability beyond the diagnosis name?
You prove it by showing how your symptoms create specific work limits in SSA’s four mental work areas: understanding, remembering, or applying information; interacting with others; concentrating, persisting, or maintaining pace; and adapting or managing yourself.
Already in Treatment? Let’s Start Your Claim
If you’re actively seeing a psychiatrist, therapist, or counselor, we can take it from here. Call 855-969-4648 to book a free consultation—or start online now. Our secure, step-by-step intake cuts the SSA wait, lets us file SSDI or SSI from day one, and keeps a lawyer involved at every step. No fee unless we win. Virtual consults for clients in Charleston and across West Virginia, Kentucky, and Ohio.

