Filing for Social Security Disability from Mental Health

[Manhattan]

Hey All, 

 

I currently have a CCL. I did some research and it appears that simply filing for and getting approved for SSID is not grounds to revoke your FOID or CCL.

 

-I am not adjudicated a mental defective by a court or anyone at all. 

-I don't have an intellectual disability.
-Obviously no in-patient hospital stays
-Not a danger to myself or others (clear and present danger)

So, just to check with you folks, especially @Molly B., would it be safe to say that getting disability benefits for a mental health condition is not, on its own, grounds for FOID/CCL revocation? 

For what it's worth:  It's for depression and ADHD. Not psychosis, bipolar disorder, etc. 

Thank you. 

[Euler]

Once upon a time (i.e., during the Obama administration by executive order), a person who used SS/medicare benefits for any mental health purposes (e.g., even marriage counseling or grief counseling) would have been reported to NICS as a mental defective, thus terminating the ability to pass a background check. Congress ended that practice by prohibiting it by law.

As for Illinois state law, mental health professionals can file a clear and present danger (C&PD) report with the Department of Human Services on a person who communicates a serious threat of physical violence or demonstrates threatening physical or verbal behavior. Merely receiving benefits isn't grounds to revoke a FOID.

There is some C&PD tinkering going on in the ILGA at the moment which may affect mental health reporting by mental health professionals, like how easily they can do it, whether it's mandatory to do it, and how much they may be shielded from their own malfeasance or incompetence. That tinkering is independent of state and federal benefits, however. The only thing that should matter is if your counselors/doctors/whatever think you're a clear and present danger.

I'm uncertain of JCAR regulation or IDHS policy on it.

IANAL

[Manhattan]

Thnak you, @Euler

[Molly B.]

Basically what Euler said. I would also consider the evaluation process for getting approved. Would it involve being a patient in a mental health facility? That could be a problem . . .