Situational depression can trigger disability benefits

Daniel A. Bernath

Attorney at Law

Member United States Supreme Court Bar.
Member California Bar

15532 SW Pacific PMB 202
Tigard, Oregon 97224
(503) 639 6666 ussyorktown@comcast.net

Wednesday, November 05, 2008

To: ALJ

Re: TM

At the hearing of claimant in Astoria you quizzed the medical expert regarding the opinion of Dr. Price. This after the ME stated, after his review of the entire medical record, that claimant met or equaled the listing for 12.04, 12.06, 12.08 and with elements of 12.07.

You stated that Dr. Price opined (without review of the overall record and without reviewing of the last two years of medical records) that claimant’s depression was “situational.” The ME who had reviewed ALL of the medical records and upon cross examination by myself, stated that he could find no facts to support such an opinion by Dr. Price and that it was merely a supposition.[1] Upon further questioning, the ME stated that Dr.

Price appears to be basing his opinion on no facts and therefore the ME agreed that he might merely be

guessing.

In any case, regulations state that situational depression can meet or equal a listing if claimant cannot perform substantial gainful activity for the relevant time period.

To qualify for Social Security Disability or SSI under this listing, you must either (1) meet both Parts A and B, or (2) meet both Parts A and C.

Part A requires that your medical records must show at least one of these problems:

(1) Generalized persistent anxiety with 3 of the following:

	Motor tension (you have rigid body language).
	Autonomic hyperactivity (you cannot keep still).
	Apprehensive expectation (you have a feeling that something bad is about to happen).
	Vigilance and scanning (you are overly watchful).

(2) A persistent irrational fear of a specific object, activity, or situation which results in a compelling desire to avoid the dreaded object, activity, or situation.

Therefore, claimant meets or equals the listings as stated by the medical expert and should therefore be awarded benefits from March 2006.

Respectfully,

Daniel A. Bernath

Daniel A. Bernath

[1] supposition (sŭp'ə-zĭsh'ən) Thesaurus: supposition noun A judgment, estimate, or opinion arrived at by guessing: conjecture, guess, guesswork, speculation, surmise. See opinion.