Is there any case law that supports the presumption that a person with schizophrenia is disabled under the Mental Health Act?

MultiRegion, United States of America

The following excerpt is from Esselstrom v. Chater, 67 F.3d 869 (9th Cir. 1995):

Esselstrom challenges the Secretary's determination, at stage three of the review process, see 20 C.F.R. Sec. 404.1520(d), that his impairment does not meet or equal any of the impairments listed in part 404, subpart P, appendix 1. He contends that his schizophrenia meets the severity of No. 12.03(C) in appendix 1. If so, that would create a conclusive, not a rebuttable, presumption that he was disabled under Title II of the Act. See Bowen v. Yuckert, 482 U.S. 137, 141, 146 n. 5, 107 S.Ct. 2287, 2291, 2294 n. 5, 96 L.Ed.2d 119 (1987).

Other Questions


Is there any case law in support of the Eighth Amendment for refusing professional mental health treatment because he does not trust the white mental health staff? (MultiRegion, United States of America)
Does the Fourteenth Amendment, as defined by the US Supreme Court, apply to a person who intentionally causes a person to suffer from mental health problems? (MultiRegion, United States of America)
What is the test for reinstatement of a person with a mental health disability? (MultiRegion, United States of America)
Does a prisoner need to prove substantial harm to his mental health if he is suffering from mental health problems? (MultiRegion, United States of America)
What is the current state of the law on mental health treatment under 18 U.S.C. 3563(b)(9) of the Mental Health Act? (MultiRegion, United States of America)
Is a person's disability insured status terminated because they were diagnosed with severe mental health problems as soon as the date upon which their insured status expired? (MultiRegion, United States of America)
Does a claim against the prison medical authorities regarding treatment provided by a patient with mental health problems under Section 1983 of the Mental Health Act? (MultiRegion, United States of America)
What is the test for whether a person who has been found unfit to stand trial for murder by reason of reason is considered to be a "dangerous person" under s. 19(1)(a)(ii) of the Mental Health Act? (Canada (Federal), Canada)
How have courts treated mental health issues in mental health cases? (MultiRegion, United States of America)
In what circumstances have courts granted relief where trial counsel failed to consult with mental health experts regarding the possibility of a mental defect defense for the penalty phase? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.