Is Bipolar Disorder a Disability? Social Security Benefits

This article explains how Social Security evaluates Bipolar I and Bipolar II disability claims.

As a Texas attorney practicing social security disability exclusively in Dallas and North Texas for 30 years, I have won many social security disability insurance and supplemental security income cases based upon bipolar syndrome. In my experience handling disability cases, Bipolar I Disorder can be the more serious of the two types of Bipolar Disorders. This is due to the presence of Manic Episodes in the criteria for Bipolar I Disorder. There is an absence of Manic Episodes in the criteria for Bipolar II Disorder; rather, it involves a history of hypomania and major depressive episodes.

What Does a Manic Episode Look Like?

Mania is a key feature of Bipolar I Disorder. Symptoms of a manic episode can include decreased need for sleep, inflated self-esteem or “grandiosity,” increased activity, impulsive or reckless behavior, and pressured speech.

Pressured speech can be particularly noticeable. A person may speak rapidly and loudly, seem difficult to interrupt, jump between ideas, or have difficulty clearly organizing and expressing thoughts.

Manic episodes can also lead to behavior such as excessive spending, risky decisions, irritability, or becoming intensely focused on activities while sleeping very little. These symptoms can create significant problems with consistent workplace performance and judgment.

So can Texans suffering from Bipolar Disorder I or II qualify for social security disability benefits?  Yes, if the mental condition prevents substantial gainful work activity. Let’s dig deeper into how social security analyzes a disability claim based upon Bipolar Disorder. It is important to know that all disability claims are assessed using the same framework: The 5-step Sequential Evaluation Process. Take a look at “are you disabled?” to better understand the “roadmap” that social security will follow in determining if you are disabled.

The most direct path to a favorable social security disability decision based upon Bipolar Disorder is for the government to find that the condition “meets a listing”. A listing is simply a set of findings for a given illness that social security has found, through consultation with medical experts, would be expected to result in inability to work. In general, listings are hard to meet (failure to meet a listing is not the end of the road for the disability claimant under the 5-step Sequential Evaluation Process) but are a more common path to victory in mental disability cases. So let’s take a close look at Listing 12.04 for Bipolar Disorder. The legaleze is in the box below for reference, but I fully explain and cut through the government lingo. The listing requires a diagnosis of Bipolar Disorder along with the following:

Medical documentation of Bipolar Disorder, characterized by three or more of the following:

Pressured speech;
Flight of ideas;
Inflated self-esteem;
Decreased need for sleep;
Distractibility;
Involvement in activities that have a high probability of painful consequences that are not recognized;

or

Increase in goal-directed activity or psychomotor agitation
AND
Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning (see 12.00F):
Understand, remember, or apply information (see 12.00E1).
Interact with others (see 12.00E2).
Concentrate, persist, or maintain pace (see 12.00E3).
Adapt or manage oneself (see 12.00E4).
OR
Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both:
Medical treatment, mental health therapy, psychosocial support(s), or a highly structured setting(s) that is ongoing and that diminishes the symptoms and signs of your mental disorder (see 12.00G2b); and
Marginal adjustment, that is, you have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life (see 12.00G2c) .

OK, that is a lot of words. But basically the listing for Bipolar Disorder presents 2 possible paths to a favorable disability finding. The first requires at least 3 of a set of symptoms like pressured speech or flight of ideas, PLUS limitations resulting from the Bipolar Disorder in mental functions like interacting with others and managing oneself. The second path requires Bipolar Disorder of longstanding (at least 2 years), with ongoing treatment or support that helps control the symptoms, but only marginal ability to adapt to changes or new demands.

What if You Do Not Meet Listing 12.04?

Meeting Listing 12.04 is not the only way to qualify for Social Security Disability benefits based upon Bipolar Disorder. If you do not meet or equal the listing, Social Security must still consider your residual functional capacity — what you can still do despite your bipolar symptoms.

Important work-related abilities can include:

• carrying out simple instructions;
• making simple work-related decisions;
• responding appropriately to supervisors and co-workers;
• handling changes in routine; and
• maintaining reliable attendance and staying on task.

The ability to maintain employment can be particularly important in a Bipolar Disorder disability case. Manic, hypomanic, and depressive episodes can interrupt work attendance and performance. A person may be able to get a job and perform it well at times, but still be unable to consistently meet an employer’s expectations for reliability.

Dallas Fort Worth social security disability applicants that are unable to work due to Bipolar Disorder need an experienced local social security disability lawyer to relate the medical findings and medical evidence to the criteria of the above Listing or, if the Listing is not met, to the work-related limitations that prevent full-time employment.