Monday, April 15, 2024

Does Anxiety And Depression Count As A Disability

Is Depression A Disability

Anxiety, Depression and Social Security Disability. A Lawyer’s Advice.

The Social Security Administration considers depression a disability when it is severe enough to make you unable to work and earn a living.

To qualify for disability benefits, you must have supporting medical evidence that shows you meet the criteria of the Blue Book listing, you are unable to work for at least 12 months, and you have earned enough credits to qualify for Social Security Disability Insurance . In general, you must have worked the equivalent of 5 years full-time out of the last 10 years.

You will need a detailed work history, your drivers license or other photo identification, your Social Security card, and other documentation, such as a birth certificate, to confirm your identity and to prove that you do qualify for benefits from the SSA.

You will need documentation to support your claim, such as a residual functional capacity form completed by your physician. The RFC will fully detail what you can and cannot do, so the disability examiner will be able to determine if you can work, and if you are capable of work, what kind of work you can do.

You should continue receiving medical care and provide a list of healthcare providers to support your claim. Records from doctors, therapists, psychiatrists, and so forth can all be helpful in supporting your disability claim for depression.

How To Apply For Disability Benefits For Depression

Applying for benefits begins with filling out the Social Security Disability Application. You can do this over the phone, online, or by walking into your nearest Social Security Office. You will need your Social Security number and proof of your age , along with the names and contact information for any medical professionals that were involved in your treatment or diagnosis. You will also need names and dosages of your medications, medical records, lab results , a summary of where you worked and what was involved in your job, and the most recent W-2 or Federal Tax Return .

The review process can take a while. In many cases, it will take anywhere from 30 to 90 days. Thankfully there is Social Security Disability Back Pay that will be dated to the time of your application. Even so, you will most likely want to line up other resources while you wait for your SSDI Award Letter to arrive.

One of the first things the SSA will do is determine whether or not you are working at a substantial gainful activity level. The SGA level is a threshold to determine if you need financial assistance in the form of SSDI. As of 2020, substantial gainful activity is deemed to be earnings over $1,260, either as wages or as net profit if you are self-employed. If you are legally blind, that threshold is raised to $2,110. You are allowed to deduct Impairment-Related Work Expenses such as medical treatment from your wages or net profit.

How Hard Is It To Get Disability For Anxiety

It is difficult to bring a claim for disability benefits on the basis of anxiety or depression because the evidence used to support the diagnosis is not always objective. Its not possible to tell your doctor what youre thinking or feeling with objective measures.

Don’t Miss: How To Ease My Depression

When Does Social Security Consider Depression As A Disability

To qualify for disability benefits for depression, your condition must:

  • be severe enough to meet the requirements of Social Security’s Blue Book impairment listing on depressive disorders , or
  • interfere with your functioning to such an extent that the Social Security Administration agrees that there are no jobs you can do.

Are Your Impairments Sever Enough

Figure 2 from Depression and anxiety in parents of children with ...

Remember that you are not required to claim your disability is based on a single impairment. Many, if not most claimed disabilities are based on the applicants suffering from a combination of impairments. And those combinations may be multiple physical or multiple mental impairments, or the claim may assert a disability based on one or more physical and mental impairments.

SSD claims arising from mental impairments tend to be compound claims, based on multiple diagnoses combining to prevent the applicant from working regularly. To qualify for SSD benefit payments a claim must demonstrate a significant limitation of these functions:

  • walking, siting, standing, pushing, pulling, lifting, and carrying
  • hearing, speaking, and seeing
  • understanding and following simple directions, and
  • interacting with co-workers and supervisors and adjusting to changes in the workplace.

MJ Ellis Disability Law Office Fights for Anxiety or Depression Related Disability Claims

Latest Posts

Read Also: What Is Dsm 5 Depression

What Should You Not Say In A Disability Interview

Making Statements That Can Hurt Your Claim Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

Can You Get Disability For Anxiety And Depression

Anxiety and depression are both potentially serious mental health issues that can develop into severe disabilities if left untreated. If you have anxiety and/or depression, you may have trouble holding a job or earning enough money to support yourself. The Social Security Administration offers SSDI benefits for mental health-related disabilities, including anxiety and depression.

Read Also: Best Cure For Depression Exercise

Do You Meet The Criteria For Social Security Benefits

A sleep disorder can be characterized by periods of wakefulness or oversleeping. A depressed person may have serious issues sleeping or over-sleeping, which in turn can lead to a general functional limitation and other health issues. Suicidal thoughts can plague a person suffering from the mental illness of depression. These can range from vague ideations to actual plans that present a sizable risk factor to those suffering from severe depression.

Depressed mood is a term signifying the overall emotional state of a depressed person. This ongoing and disabling depression may present itself as a negative outlook or feelings of sadness. It is normal for life changes to bring on a depressive episode, but depressive symptoms going on longer than 14 days may indicate clinical depression that needs treatment.

Diminished interest in personal activities is another sign of a depressive disorder. A loss of investment in your work or business, a lack of interest connecting to family members or friends, or failure to find engagement in once meaningful hobbies can all be signs of depression. Functional limitations due to your depression might include the psychomotor agitation of nervous motions like pacing or wringing hands. Depression can indeed manifest as a physical disability such as slowed reaction time or inability reminiscent of a learning disability, such as the inability to follow directions or retain information.

What Are The Symptoms Of Depression That Can Qualify For Disability Benefits

Winning VA Disability for Depression | Everything You Need to Know

People who suffer from depression could qualify for disability benefits. Eligibility often depends on the type of symptoms associated with the depression. Some common symptoms include:

  • Debilitating restlessness
  • Difficulty making decisions or concentrating on the task at hand
  • Excess sleeping
  • Feelings of failure, worthlessness, or guilt

Also Check: I M Depressed And Can T Sleep

Do Anxiety And Depression Qualify For Disability Benefits Yes

A qualifying disability under the governments definition is a physical or mental impairment that can be medically determined lasting or expected to last at least 12 months , that prevent the person from performing substantial gainful activities. Substantial gainful activities are things that you can do to earn income. In 2022, if your impairment keeps you from earning any more than $1,350, you qualify for monthly SSD benefit payments.

Anyone who fits into the description in the last paragraph could be eligible for SSDI payments if they worked enough years to earn the minimum number of work credits to be covered by the Social Security Disability Insurance.

Can You Get Disability For Anxiety

Anxiety can considered a disability if you have well-documented evidence that it impacts your ability to work. If you meet the medical requirements outlined by the SSAs Blue Book and have earned enough work credits, you will be deemed disabled by the SSA and you will be able to get disability for anxiety.

Don’t Miss: I Feel Depressed And Worthless

Employment Insurance Sickness Benefits

EI sickness benefits are a temporary disability benefit. They are paid through the federal governments employment insurance program. EI pays 55% of your salary for 15 weeks.

To qualify, you must have paid into the EI program recently. You pay through deductions from your paycheque. These are automatic. So, if you got an official paycheque, you paid into the EI program.

You apply for EI benefits online through Service Canada. You can apply from home or at any Service Canada office. Your doctor needs to fill out a form to confirm that you cant work for the 15 weeks that EI covers. And finally, your employer will need to issue a Record of Employment to confirm your sick leave.

Please note: If you qualify for short-term disability, then you cant claim EI benefits at the same time.

You can learn more about EI by visiting our article on the EI sickness benefits program.

Showing Reduced Productivity Due To Moderate Depression

Is Major Depressive Disorder A Disability

Another way to win your claim for disability is to prove that your moderate depression or anxiety, when combined with your severe physical impairment, will result in a 20% reduction in your productivity in the workplace.

You or your attorney can present this argument at the hearing level by discussing the combined side effects of your medications. For example, most anxiety and depression medications can cause fatigue, insomnia, headaches, or restlessness. Pain medication can likewise cause difficulty in thinking and concentration, along with excessive sleepiness. During your hearing, your attorney and the administrative law judge will ask you questions to determine the extent of how the medications affect you. Examples of these questions are:

  • Do you watch television? If so, can you watch an entire one-hour show?
  • Do you like to read? If so, do you read magazines or books?
  • How many hours do you sleep at night?
  • Do you sleep during the day?
  • What time do you go to bed during the day? What time do you wake up?
  • Are you able to drive when you take your medications?
  • Have you tried any other medications?
  • Do you pay your bills or does someone help you?

Read Also: Am I Going Through Depression

Medical Evidence Required For Disability Based On Depression

Your treating doctor will need to submit a comprehensive psychiatric report and a well-documented psychiatric medical record to the SSA that shows the history of your depression. Your psychiatric record should include:

  • all treatments you tried, including the types of medication and therapy
  • how effective each treatment or medication was , and
  • the side effects of each treatment.

Your doctor should also include detailed examples of how your depression affects your daily activities and your ability to hold a job.

What You Need To Get Ssd For Anxiety And Depression

Anxiety and depression are two of the most common types of mental illness. Most people who have with either anxiety or depression actually suffer from both. While some anxiety and depression sufferers find a way to function at a level permitting them to continue to work, many people afflicted with one or both illnesses simply cannot maintain a stable enough mental state to tolerate full time, consistent work hours.

On of the most important factors in a successful disability claim based on anxiety or depression is how long the record of treatment is. Social Security Disability benefits are granted to people who can present evidence that their impairment is long-term and severe. The SSA claim assessment agents must be convinced by the medical record that the claimed disability has is so severe that it prevents you from performing your traditional occupation and any reasonable alternative job appropriate for your age, training, educational background. The SSA refers to your present ability to do some job as your residual functional capacity.

Read Also: Does Taking Melatonin Cause Depression

Medical Vocational Allowance For Depression

The standard of proof for getting disability benefits for depression is high, and some people may not meet the standard but still are unable to work. If that happens you can still be eligible for disability benefits under the Medical Vocational Allowance. To qualify this way you need to download the Residual Functional Capacity evaluation form from the SSA website. Your doctor or psychologist needs to fill out this form and provide detailed information about your illness and the limitations you have as a result of that illness.

Then, the SSA will look at the RFC evaluation and your work history, the skills you have, and the limitations caused by your illness. They will try to find some type of work that you can do with the skills and limitations that you have. If they cant find any kind of work that you can do then you will be eligible to receive Social Security disability benefits.

Anxiety Disorders Condition And Symptoms

Ketamine Therapy for Treatment-Resistant Depression

One of the most common forms of anxiety is generalized anxiety disorder . You must meet at least six of the following symptoms to be diagnosed with the condition.

  • A feeling of being on edge or easily startled
  • Feeling nervousness, restlessness, or being on edge
  • Being easily fatigued
  • Difficulty concentrating or mind going blank
  • Easily becoming irritable
  • Sleep disturbance

It is worth noting that it can result in incapacitating health problems when an anxiety disorder is left untreated. For this reason, filing for Social Security Disability with an Anxiety Disorder Diagnosis remains the best decision.

To meet the criteria for social assistance, it is essential to note that anxiety disorders often accompany other conditions like bipolar and depression. Therefore, go into the application process fully informed on what you need to list in the medical records.

What if you dont meet the criteria? Qualifying under a disability listing is not easy as most people anticipate. In addition, most travelers wonder, does anxiety count as a disability when flying? The unfortunate truth is that only approximately 8% of anxiety patients fit into the SSDI criteria.

Get immediate anxiety treatment and live a normal life. Click the button below to book your appointment.

Don’t Miss: Depression Quotes To Help Someone

Showing Severe Impairments Or A Combination Of Impairments

Most people do not meet the criteria for a listing, and so do not automatically qualify for benefits. You can still prove you qualify for benefits by showing your medical condition prevents you from performing a full-time job. You can do this by offering medical records that show your conditions are severe or that you have a combination of impairments that prevent you from working.

What Is A Severe Impairment

Social security defines a severe impairment as one that significantly limits your ability to do any of the following: walk, sit, stand, push, pull, lift, and carry hear, speak, and see understand and follow simple directions, and interact with co-workers and supervisors, and adjust to changes in the workplace.

In contrast, a non-severe impairment impacts your ability to work only minimally.

You May Like: Can You Get Disability For Bipolar Depression

What Are My Rights

First, it is essential to remember that you have rights, and they are protected under the ADA. The ADA is a law designed to protect those with disabilities against discrimination everywhere, from the workplace to transportation and access to social services programs.

When it comes to safeguarding folks in the workplace, this act focuses on protecting employees and those seeking jobs.

Due to the ADA, those experiencing conditions that impact their ability to work may receive financial compensation and reasonable work accommodations. Special work accommodations can include time allowed for therapy appointments, remote work, and a leave of absence.

Read Also: How Much Does Anxiety Raise Blood Pressure

So What Does This Mean For Employers

Mental health issues are less likely to be seen as a disability

Its good to hear although this is a much larger organisation that an employer can work on the basis that a mental impairment will not always be automatically classed as a disability.

However, employers shouldnt see this as setting a precedent. Mental illness can clearly be a disability in some cases if it affects day-to-day activities, for example if they genuinely cant even get out of bed or make a cup of tea due to their impairment.

Whatever you do as an employer, dont panic and dont jump to conclusions. Anxiety or depression can be triggered by almost anything, and individual employees will react differently. So just because it happens once, doesnt mean it will happen again.

All the more reason that employers consider what they can do to help their staff get back to work as quickly and as sensibly as possible, should it be an isolated incident.

If it isnt though, it may well be that employers need to consider it as a disability. In which case you will need to try to makereasonable adjustments so that they can still do their job. Perhaps a buddy to provide them with additional support should they need it, or giving them the leeway to work from home should they wish and if this is feasible for you.

Read Also: Medication For Depression And Anxiety And Weight Loss

What If I Don’t Qualify For Disability Benefits

In some cases, you may not qualify for disability benefits. Should this be your case, it is important to know that you have other options.

  • You can appeal the Social Security Administration’s decision and request a reconsideration within. This is done by visiting their website and filling out a form online. You have 60 days from receiving the initial notice of the decision to submit the appeal.
  • You can also request accommodation in the workplace. This would require you to disclose some information to your employer in exchange for them agreeing to allow you some accommodations, like changing your work schedule or taking longer breaks.

Popular Articles
Related news