Friday, November 5, 2010

Can I get on disability for a learning disability in Mississippi?

A learning disability may qualify you for Social Security disability benefits in Mississippi.

The Social Security Administration refers to learning disabilities as "organic mental disorders." Under the disability rules, any psychological or behavioral abnormalities associated with a dysfunction of the brain may qualify you for disability.

In order to prove your disability claim under these rules, you must prove that you suffer from this type of illness, and that the illness causes you to suffer one of the following:

(a) Disorientation to time and place;

(b) Memory impairment;

(c) Thinking disturbances, such as hallucinations or delusions;

(d) Personality changes;

(e) Disturbance of your mood;

(f) Emotional problems; or

(g) Loss of intellectual ability.

Note that you must prove only one of these effects, not all of them.

Assuming you can demonstrate one of these effects, you must also show that the disease causes at least two of the following:

1. Restriction of activities of daily living;

2. Difficulties in maintaining social functioning;

3. Difficulties in concentration or persistence;

4. Repeated episodes of decompensation (deterioration of your mental health).

In some cases, your illness may be so severe that you do not have to prove the above facts. Those are rare cases, but do occasionally happen.

To learn more about applying for disability as a result of learning disabilities or other mental disorders, please contact us for a free consultation.