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What percentage of compulsive gambling addicts have applied for social security disability at least once and been rejected?
For 8 years I was specifically charged with running a battery of psychological tests on persons attempting to collect Social Security disability payments based on both physical and mental defects, and regardless which type, the percentage of people denied the first time out is virtually the same (95% or more are denied the first application and 60% or more the second time). I can tell you that virtually no one has been or will be approved for Disability payments based solely on a claim of compulsive gambling. That having been said, reported gambling addiction is often a pointer towards other personality disorders which *would* qualify people as having a ‘disability’ that would be covered:Disability Benefits And The Link Between Problem Gambling And Personality Disorders - Immigration Law Is Extremely ComplexGambling addiction, in and of itself, is not considered a disability because it's not recognized as a physical or mental defect. However, those who have a gambling addiction often also have personality disorders that most health care professionals consider long-term, life-altering, and difficult to treat. Read on to learn about the link between problem gambling and personality disorders, and how it can help you win disability benefits.Why Problem Gambling Isn't A DisabilityAn addiction is a compulsion to do something. Those who live with addiction must seek their vice, regardless of the physical or emotional consequences. However, just because you are inclined to do something does not mean that it affects your ability to work. In order to qualify for disability benefits, you must prove that your condition interferes with your ability to perform regular job duties.In courts of law, this often can't be done and few efforts have been made to change that. In fact, this article (published in 2014) is the very first one of its kind to challenge the legal treatment of problem gamblers.Shared TraitsA team of researchers from Monash University in Australia recently made a discovery that will prove to be very important to those affected by gambling addictions. Upon reviewing loads of existing research, they noticed that those with gambling disorders share many of the same traits as those with various personality disorders. Both groups report high instances of poor parental relationships, histories of abuse, poor anger management, low self-esteem, and feelings of disassociation.What does this mean for you? It means that if you have a gambling addiction, there is a high possibility that you may also have a personality disorder that can be documented as a long-term condition that impairs your ability to work.SSDI And Personality DisordersThe Department of Social Security groups most personality disorders under "affective disorders" on its list of qualified impairments. In order to be eligible for benefits as a person afflicted with an affective disorder, you must meet a few criteria.First, you must have medical documentation of the problems you face. Second, those documented problems must restrict your daily activities, interfere with your ability to concentrate, and/or interfere with your ability to function properly in social situations.Beginning The ProcessIf you're currently seeing a doctor or therapist to treat your gambling addiction, ask that they test you to see if you have a personality disorder. If the test is conclusive, ask what role your personality disorder may have played in your gambling addiction. By doing so, you establish that the symptoms you've endured are a result of a preexisting mental condition rather than effects of your gambling addiction.If you aren't currently seeking treatment for your gambling addiction, you need to make an appointment. Your approval or denial of disability benefits will depend almost exclusively on your medical records, so you need to start building a history of events.Now is also a good time to contact a social security disability lawyer. They can provide you with a specialized medical source statement that outlines important criteria that will be considered in determining your eligibility for disability benefits. Present this form to your doctor and ask them to fill it out as thoroughly as possible.While your gambling addiction isn't considered a disability, there's a good chance that it's a side-effect behavior of a very real, very serious personality disorder that is. If you're a compulsive gambler, visit a doctor to be tested for personality disorders, and then secure a good lawyer and begin the process of filing a disability claim.Things to keep in mind if after being approved, you desire to return to work:Factors That Can End Social Security Disability BenefitsMost people who are found disabled will receive SSI or Social Security disability benefits for many years, but there are six factors that can lead to a discontinuation of those benefits:Return to workReceipt of income or resourcesFraudMedical improvementIncarceration or institutionalizationChange in age categoryReturn to WorkDisability is defined as an inability to work. Therefore, if you return to work, your disability benefits might end. “Work” or “Substantial Gainful Activity” (SGA) is a term of art used by SSA, to describe work activity over and above a certain level. In 2017 SGA is $1,170/month gross income (before taxes are taken out), or $1,950/month for blind persons.If you are receiving Social Security Disability benefits (NOT SSI), you may be eligible for a “trial work period” (TWP) of up to 9 months. During a TWP you can work and keep both your paycheck and your disability benefit. If you earn $840 per month (in 2017), this will count as a trial work month. If you earn less, it will not count. The 9 months of trial work do not have to be consecutive, but after you have exhausted those 9 months, your disability will cease the next month that you earn SGA. You will then get two more months of benefits and then they will end. If, within 3 years of the end of your TWP, you have to stop working again because of your impairments, SSA may turn them back on again. This is your Extended Period of Eligibility, and you will need to ask for it when you apply.The most important thing to remember is to advise SSA if you return to work, at any level. Do it in writing, and have them date-stamp a copy of the notice, in case you later need to prove you told them about it. If you do not report earned income, you may have a fraud problem.Receipt of Income or Resources (SSI)SSI is a needs based program (in contrast with Social Security Disability). If you are receiving SSI and you OR YOUR SPOUSE come into some money, through work, inheritance, lottery, tax return, gambling, legal settlement or gift (etc), you should go in and speak with SSA immediately. The same is true of anything of significant value, such as stocks, bonds, automobiles, real estate (etc) that could be liquidated.Unearned income will reduce your SSI benefit dollar for dollar. Earned income will reduce your SSI benefit $1 for every $2 earned.If you have resources in excess of $2,000, you do not qualify for any SSI that month. SSA can help you understand the rules and how they apply to your unique circumstances.[Read More: Should I Try and Work During a SSD Review Process?]FraudIf you do not report income or resources, you may be found to have engaged in welfare fraud. In that event, your benefits will end, you will be assessed an overpayment, and you should contact a criminal attorney.Medical ImprovementSSA will periodically review your case. This typically happens every 3 to 7 years, and is known as a “continuing disability review” (CDR). A CDR is usually less rigorous than the original application process, but if SSA determines that your condition has improved, and that you are now able to work, your benefits will end.If you receive a CDR notice that you are no longer disabled, you may appeal that decision by filing a request for reconsideration within 60 days. If you wish to continue receiving your benefits while the appeal is pending, however, you must file it within 10 days.The best way to stave off a discontinuation of benefits through CDR is to continue getting appropriate medical and/or mental health treatment for your disabling conditions. If you are not getting treatment, there will be an assumption that you do not need it because your conditions have improved.[Read more: Social Security and Chronic Fatigue Syndrome and Fibromyalgia]Incarceration or InstitutionalizationIf you end up in prison or in an institution for 30 days or more, your benefits will be placed in suspension. If you are released within 12 months, the benefits can be reinstated, but if it is longer than 12 months you must reapply.Change in Age CategoryTurning 18: Children receiving SSI benefits will have their condition re-evaluated upon turning 18 according to adult eligibility requirement standards which can result in loss of benefits.Reaching Retirement Age: When you reach normal retirement age, your Social Security Disability benefits (DIB) will be changed to Social Security Retirement benefits (RIB). You should not see much of a change, although depending on the circumstances of your work history, your RIB may be significantly different than the SSI benefit amount.Most factors leading to a cessation of SSI or Social Security Disability benefits are fact-based, and are properly addressed by the SSA District Office. If you have any questions or concerns about the possible cessation of your benefits, or believe that SSA has made an error, you should contact an experienced Social Security Disability Lawyer.Whatever the addiction or mental defect your case is based upon, bear in mind if you are found to be addicted to alcohol or rugs or exhibit or report compulsive gambling or an inability to properly manage money, you will be required to list (or have Social Security assign on your behalf) a representative payee to receive and manage the disbursal of your benefits in such a manner that your bills are properly paid and you keep clothes on your back, food in your stomach, and a roof over your head:Why Was a Representative Payee Assigned for Social Security Disability?Sometimes the Social Security Administration (SSA) will decide that it is in your best interest to have your benefit payments handled by someone else. This person, or organization, is called a representative payee. The administrative law judge (ALJ) that hears your Social Security disability case usually makes this decision and may discuss it with you during your hearing. But oftentimes you will not learn that your payments will be made to a representative payee until you receive your written decision.What Is a Representative Payee?A representative payee is a person or organization that receives your Social Security or SSI disability benefits on your behalf. A representative payee must use your payments for your support and care only. Your representative payee may use the money to pay bills, buy food and clothing, save for your future, pay for your entertainment, or in any other manner that is in your best interest and for your benefit.Why Did the SSA Decide I Needed a Representative Payee?The SSA decided you needed a representative payee because it believed you were unable to successfully manage your benefits. This decision is usually based on evidence presented in your case. Here are some examples.The claimant was awarded benefits because of severe bipolar disorder. The claimant’s psychiatric record contained evidence that her disorder frequently caused her to spend excessive amounts of money on alcohol, drugs, and gambling. The claimant also testified to this at her hearing. Based on these factors, the SSA concluded that it was in the claimant’s best interest to have her benefits managed by a representative payee.The claimant was awarded benefits based on mental retardation. The claimant was only minimally educated and could not perform basic math functions or read effectively. He had never had a checking account; accordingly, the SSA decided that the claimant was unable to handle his financial affairs and assigned him a representative payee.The claimant was awarded benefits because of early-onset Alzheimer’s. Although she could provide basic self-care, the claimant frequently suffered bouts of confusion and experienced an increase with difficulty organizing and paying her bills on time. The claimant’s judgment was also affected and she frequently misused money and failed to pay for basic needs. Because of these symptoms, the SSA determined it was in her best interest to assign the claimant a representative payee.How Does the SSA Decide Who My Representative Payee Is?When deciding on whom to appoint as your representative payee, the SSA will look first at whether you live with someone who helps takes care of you. If you do not, the SSA may choose a family member, friend, legal guardian, or a lawyer. The goal of the SSA is to select someone who knows you well, sees you frequently, and is familiar with your needs and wants.If none of these options are available, the SSA may select an organization that specializes in handling Social Security benefits for people. Or, if you live in a nursing home, the facility may receive the benefits to pay for your care.Although the SSA decides who your representative payee is, at your hearing the ALJ may discuss with you whether you have any preferences about whom you would like, or not like, to handle your benefits.Is There Anything Special I Need to Tell My Payee?You need to keep your representative payee apprised of any major life changes that may affect your eligibility for benefits. Here are some examples:starting or stopping a jobmovinggetting marriedgetting money from other sources (i.e. inheritance)leaving the countrybeing incarceratedapplying for welfare or other state or federal benefits, andno longer being disabled.If you fail to tell your representative payee about any of these factors, you may get more money than you are eligible for. If this happens you may be required to repay these funds (called overpayments).What Can I Do if I Disagree With the SSA’s Decision?Once you have received written notice from the SSA that it has assigned you a representative payee, you have 60 days to appeal the decision in writing. If you don’t like the representative payee that was chosen for you, you must appeal the choice in this time frame as well. Make sure you explain in detail why you disagree with the decision.What if I Want My Representative Payee Changed?If you decide that you want to change the representative payee who has been handling your money, you should first tell your payee of your decision. After you have advised your current payee, the new person you have selected must go to your local SSA office and file an application.How Can I Get Control of My Benefits Back?To get control of your benefits back, you must prove to the SSA that you are mentally and physically capable of handling your own money. Here are some examples of how you can show this.Provide a letter from your treating physician or psychiatrist that states he or she believes you can take care of your finances, orProvide a certified copy of a court order that states the court believes you are able to take care of your own finances.Keep in mind that if your condition has improved so much that you can now care for your personal affairs, the SSA may use this as evidence that you are no longer disabled, which could result in a loss of your disability benefits.What Can I Do if I Think My Representative Payee is Misusing My Money?If you think your payee is misusing your money, you must advise the SSA as soon as possible and the SSA will investigate your concern. A representative payee who misuses your funds is committing theft and can face criminal charges.Payees must comply with detailed reporting requirements. For more information, see our article on how payees must account to Social Security.Determining Financial Capability of SSI/SSDI Beneficiaries with Psychiatric Disabilities: A Case Series (National Institutes of Health)Social Security beneficiaries’ liberty is constrained if they are judged incapable of managing their disability payments and are assigned a fiduciary to manage benefit payments on their behalf. Conversely, beneficiaries’ well-being may be compromised if they misspend money that they need to survive. Several studies have shown that determinations of financial capability are made inconsistently and capability guidelines appear to be applied inconsistently in practice. This case series describes the ambiguities remaining for a small number of individuals even after published criteria for capability— failing to meet basic needs and/or harmful spending on drugs— are applied.Here is a document you may find helpful:CHALLENGING THE EXCLUSION OF GAMBLING DISORDER AS A DISABILITY UNDER THE AMERICANS WITH DISABILITIES ACThttps://pdfs.semanticscholar.org/6ed2/5dca9f9c1a5b5a89731c030e958c8c70b4fe.pdfHope you find something of benefit in this answer, Laurel. :-)
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