Suffering from a bipolar mental health condition, my client, "Jane", had attempted to kill her husband on three different occasions by lighting him on fire while he slept in the family home.

When Jane came to my office seeking legal representation, she had already been denied SSI benefits multiple times. Sadly, Jane is not alone. Mentally challenged persons often fall through the cracks in applying for Social Security benefits.

Through proper questioning at her Administrative Law Judge hearing, we were able to prove that Jane was suffering from a chronic mental illness. Today, Jane is receiving SSI benefits.

How is it possible that mental health patients with significant mental illnesses, are unable to obtain Social Security benefits?

The simple answer to this question is that no one had ever asked Jane if she had attempted to kill her husband. The more complex answer lies in inherent problems in the system and symptoms of the mentally ill person.

Some of the common symptoms of mental illness include forgetfulness and the inability to concentrate and stay on task. It is extremely difficult to apply for Social Security benefits when a mentally challenged person is unable to remember facts or to complete tasks in the application process. In fact, a person with a more severe mental disorder can become so frustrated, that they will give up in many cases.

Contrary to popular belief, many persons suffering from mental illness are very intelligent. Therefore, their presentation and academic abilities often hide significant underlying disabling symptoms of the mental illness. Further, many persons do not become disabled or symptomatic from their mental illness until their twenties or thirties after they have completed their formal education. So, their academic history and early work history may even appear normal.

Social Security workers are good hard working people. But, they are not mental health professionals. As such, they simply do not recognize subtle "red flag" symptoms such as erratic work history and poor educational performance in many cases. In a relatively short formal setting, even a mentally challenged person can appear to be very appropriate. Mental health professionals know when to probe further and dig deeper.

The purpose of the Social Security Administration (SSA) is to administer and make determinations regarding applications for benefits. It's purpose is not to advocate for the claimant. The SSA does not tell the client what mental impairment definitions or SSA regulations may be applicable to the claimant and doesn't help develop the claimant's case. So, the claimant does not know what the target is when applying. Further, the medical records ordered by the SSA, may or may not address the target.

Due to it's complex and specialized laws and regulations, many attorneys do not handle Social Security Disability or SSI claims. Further, even those attorneys that do handle these claims often do not handle Social Security claims involving mental illness. It important to obtain the assistance of an attorney that is knowledgeable and has experience handling Social Security Disability and SSI claims involving mental illness.

Kent S. DeJean is a partner with the law firm of Losavio & DeJean. Tel. # 225-769-4200. He has over 16 years of experience in handling Social Security Disability and SSI claims