Medications And Side Effects
Serious medications make a serious medical condition more believable. So, you must try all the recommended medications even if you fear the side effects.
If youre not taking antidepressants, then the insurance company will think your symptoms arent serious enough to qualify for disability benefits. Its common for doctors to have you try multiple medications and different dosages to find the right treatment. So, if you have a bad reaction to one medication, you cant refuse the troubleshooting that follows. You have to try all other medications or changing your dosage.
If you have bad reactions to your medications, your medical records must report that in detail. And, if your doctor recommended against a medication, you need to have it documented that the side effects were worse than the condition. Again, you run the risk of denial if you stray from standard treatments without a good reason.
How Can I Apply For Disability
If you meet the above criteria, you may qualify for disability benefits for depression. Its important to apply as soon as you can. It can take several months to receive SSDI and SSI.
Youll apply directly at your local SSA office. You may choose to hire an attorney to help prepare and file your application. Just be aware that a percentage of your benefits will then be awarded to your legal representative as compensation.
It can take up to half a year to receive a decision on your application for disability benefits. If youre approved, youll receive retroactive pay based on the date you first applied.
Many applications for disability benefits are denied by SSA. If this happens to you, you can appeal the decision in court. It can take up to 2 years to get a hearing. During this time you may consider hiring an attorney to help.
Qualifying For Disability Based On Reduced Abilities Due To Depression
If you don’t qualify under the SSA’s requirements for major depression, above, you might still be able to get disability benefits. The SSA will consider your depression symptoms and how much they impair your ability to do the usual activities of daily living and if there’s any kind of work you can be expected to do.
The SSA will give you a rating of the type of work it thinks you can do:
- skilled work
- semi-skilled work, or
- unskilled work.
This is called your residual functional capacity , and in the case of depression, it’s called a mental RFC rather than a physical RFC.
If the SSA finds that you can do at least unskilled workwhich is likely if you didn’t meet the official listing aboveyou won’t get disability benefits. But if the SSA finds that you can’t perform even unskilled work , the SSA might grant you benefits under a “medical-vocational allowance.”
And if you have any type of physical impairment in addition to depression, your chance of qualifying for benefits can change. For example, let’s say you get a mental RFC for unskilled work and a physical RFC for sedentary work. There might be very few jobs you can do in this category, and you might be able to qualify for benefits under a medical-vocational allowance.
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Disability Tax Credit For Depression
The disability tax credit is a type of benefit that lowers your taxable income. To qualify, you must have a severe and prolonged impairment as defined by the program. But, this program has a higher standard than others.
Qualifying for this credit can get some of your previous taxes refunded. It depends on the timeline of your condition. You apply by filling out a T2201 form and sending it to Revenue Canada.
If Revenue Canada denies your claim, you can request an internal appeal. If that appeal fails, then you must go to the Tax Court of Canada to appeal again.
How A Social Security Disability Lawyer With Our Firm Can Help You
Now is the time to focus on your health more than ever. Let our lawyers manage your case while you get treatment and spend time with your loved ones.
We can:
- Advise you on your options
- Determine which benefits you qualify for
- Go over the claims process with you
- Review your claim before you submit it
- Help you file an appeal if your initial claim was denied
- Request a hearing for reconsideration
- Represent you in front of Administrative Law Judge and/or Federal Court
- Assist you with meeting deadlines
If youre worried about the price of retaining our services after reading what we can do for you, dont be. Our law firm operates on a contingency-fee basis, meaning we dont collect an upfront or hourly fee from you. Instead, our payment comes out of your financial award. That way, there is no imposed financial risk when you work with us.
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Social Security Will Expect You To Provide Detailed Medical Records These Records Should Include:
- Names and addresses of all medical providers.
- Dates of medical appointments and doctors exam notes.
- Dates of hospitalizations and emergency room visits. This is important to prove the severity of your depression.
- Mental testing results.
- Medications and treatments you are taking as well as any side effects.
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.
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Meet Or Equal The Listing Level For Depression
In social security law the listings represent a set of findings, facts and criteria for a given condition that medical experts agree are disabling. Meeting or equaling a listing is a short cut to a favorable decision, but failing to meet or equal a listing does not mean the claim will automatically be denied. The listing for depression is often the path ALJs take to a favorable decision. I think this is because there is less guess work in assessing the severity of depression symptoms because the criteria under the Listing for depression are clearly set out.
Mistakes To Avoid When Pursuing A Mental Health Disability
According to New York Universitys Langone Medical Center, more than 8.3 million Americans or an estimated 3.4 percent of the adult population suffer from a serious mental health disability.
Many individuals pursue Social Security disability as a result of mental illness. Some dont believe that you can receive a favorable decision if you have a mental disability, but you can.
However, many Social Security disability claimants make mistakes when filing a claim with a mental disability as their condition. Our firms been representing individuals for more than two decades, and we recognize a lot of common mistakes that hinder you to win a disability case for mental illness.
In this blog, we identify 5 common mistakes individuals make in these claims:
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To Qualify Under This Listing You Must Meet The Following Criteria:
Benefits For Disabled Adults
SSDI is available to disabled adult workers who have paid Social Security taxes, while SSI is a need-based program only available to applicants that meet strict limitations on income and asset holdings. If you have never worked due to your mental illness, you will not qualify for SSDI. If you have financial support from friends or family, you will not qualify for SSI.
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Residual Functional Capacity Evaluation
For the SSA to approve a claim for depression or anxiety when you do not have a condition that meets the listings, your limitations and your work history and education must show that you cannot perform SGA in any occupation youve worked in the past and in any new occupation. To do this, the claims examiner considers the skills you have from prior work, your education, and your age as well as your mental health residual functional capacity and compares those elements to the mental requirements of potential occupations.
Your physician or a consulting physician may be asked to complete a mental status RFC questionnaire, which evaluates your ability to work with people, concentrate, follow instructions, submit to authority, and other mental and emotional capacities needed to work. Alternatively, the examiner may extract this information from existing medical records. Your residual capacities will then be compared to the mental and emotional demands of occupations that you could do if you did not have mental health limitations.
Failing To Receive A Diagnosis Of A Mental Health Disability
In order to receive a favorable decision based on a mental health claim or to win a disability case for mental illness, you must first be diagnosed by a medical professional.
The internet is vast, and there are a lot of medical sites available. Its easy to get lured into these sites and believe that we have a certain condition even if we havent seen a doctor.
Also, our family members are great at giving us opinions on conditions they believe we have, but until a medical professional gives you an official diagnosis, the Social Security Administration wont likely approve your claim based on an alleged impairment.
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Social Security Insurance And Depression Diagnosis
The cases of both primary and secondary depression are generally on the rise resulting in strict requirements for people applying for Social Security on those grounds. People applying for disability with depression as the only impairment have fewer chances of getting approval. This is partly because of the difficulty of a proper depression diagnosis. Since there is no specific medical test employed in its diagnosis, it is usually up to the doctor performing the examination to come up with an opinion based on the severity of symptoms and occurrence patterns.
Disability Benefits For Veterans
You may be eligible for disability benefits if you’re on disability from your service in the Canadian Armed Forces or Merchant Navy.
You may get social assistance payments from:
- your province or territory
- your First Nation
These payments will depend on your household income, savings and investments.
You may also be eligible for health-related benefits from your province or territory. These benefits may include benefits that help cover the cost of:
- medications
- medical aids or devices
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How Long Can I Remain On Disability For Depression
If youre approved, you can remain on Social Security Disability for depression for as long as the depression prevents you from working. If your mental disability improves or youre able to manage it well enough to get a job, you may no longer be eligible for benefits. The Social Security Administration reviews cases on an ongoing basis, usually every few years. After they review your case, theyll determine whether or not you are still eligible to receive SSD. If your condition gets under control or improves, you are legally required to notify the Social Security Administration as soon as you can.
How Will You Pay The Attorney Fee
We will use our legal skills to help you through the disability process. It is our goal to win your case. But, it also our goal to make filing for SSD benefits for depression easier for you.
We offer a free consultation. If you call, then there is no obligation to become a client. You ask questions. We will answer. Even if we dont accept representation, we will still try to help you.
It also doesnt cost you any upfront money to hire us. Why? Because we work on a contingency fee basis. This means you only pay us an attorney fee if we win your case. If we win, then the SSA pays us out of your back benefits. If you do not win, you do not pay an attorney fee.
How much is the attorney fee? The attorney fee is whatever is less between 25% of your back benefit and the fee cap of $6000. This is best understood through an example. If your back benefit is $10,000, then your attorney fee would be $2500.
However, if your back benefit is $100,000, you would not pay $25,000 in attorney fees. Instead, you would pay the amount of the fee cap, which is $6000. In November 2022, the fee cap is raising to $7200. Therefore, if you win your case after the new fee cap takes effect, then your fee is capped at the higher fee cap.
Regardless, you pay whatever is less between 25% of your back benefit and the fee cap. Most importantly, you only owe an attorney fee if we win your case. Find out more here about what it will cost.
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Ask Your Doctor To Complete An Rfc Form
This essential form will evaluate your ability to focus, concentrate, remember instructions and your social skills, describing what you can do and not do physically and mentally. You must show that you have followed your doctors plan, but are still disabled. If you are still working, keep track of absences. This will establish that your productivity at work is declining. You must prove that your medical condition has reduced your work productivity by at least 15 % of the acceptable level. If you consistently need to stop work because of an inability to focus or headaches, or miss work several days per month, you will not be able to maintain full-time employment.
Work Credits And Eligibility For Social Security Disability Benefits
To be eligible for disability benefits for depression, you must have earned enough work credits. You must have held a job in the past where you paid taxes into the Social Security system. The number of Social Security work credits you earn is based on your annual wages.
The amount of income required to earn a work credit changes every year. However, it is not very high. Every year of work earns a maximum of 4 credits per year. One for each quarter of work.
The number of work credits you need to qualify for SSDI varies depending on the age you are when you become disabled. You can review your work history to find out how many work credits you have. In order to review your work history, create a MySSA account on Social Securitys website.
You may already know that Depression can impact your ability to work. Likewise, mental symptoms can make it difficult to concentrate at work. The symptoms can interfere with your ability to be on time. Also, they can make you call in sick to work. You may have already been fired from your job.
To get Social Security Disability benefits, you will need ongoing treatment for your major depression. Ongoing treatment and inability to recover from Depression is the evidence that will prove your case to the Social Security Administration. Remember, the burden to prove disability is on you. Therefore, make sure you submit all of your medical records to the SSA.
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Workers Compensation Benefits For Depression
Workers compensation pays short- and long-term benefits to people injured on the job.
Each province has its own program. To qualify, you must have suffered an injury at work. Also, your employer must be covered not all jobs are.
Its difficult but possible to prove a workplace injury caused or worsened your depression.
Historically, workers compensation programs only considered mental health claims that came from a single workplace incident. They wouldnt recognize situations of chronic workplace stress caused over time.
This is changing, however. In January 2018, WSIB in Ontario implemented a new policy to allow claims for chronic mental stress caused by their work. This policy isnt adopted by all workers compensation programs in Canada. Check with the program in your province to see if benefits are available.
To succeed in this claim, you need a doctor to support your belief that the workplace injury triggered the depression or made it permanently worse. Youll need to have a diagnosis of depression or related mental illness. You will need to prove the specific workplace conditions or events that caused the depression. Workplace harassment and bullying are two common reasons. The workers compensation program will have to independently verify these events from your employer or coworkers.
Warning Signs Of Depression
Depression carries a high risk of suicide. Thoughts of suicide or suicidal intentions are serious. The warning signs of depression include:
- Switching suddenly from sadness to being very calm
- Talking or thinking about death on a continuous basis
- Loss of interest in activities or things you did before
- Ongoing trouble with sleeping at night
- Risky behavior that could result in death, such as speeding through red lights
- Making comments about being hopeless or worthless
- Putting your legal affairs in order
- Talking about suicide with friends and family
If you see these warning signs in yourself or others, you should call your local suicide hotline. Additionally, you should contact a mental health professional. We have a list of free and low cost mental health professional here to help you. If all else fails, visit the closest emergency room.
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