Contact Mental Impairment Disabilities Attorneys Today
If depression or anxiety has made it impossible for you to work, contact Social Security Disability benefits attorneys at the Law Offices of Judith S. Leland today to schedule a free consultation and discuss your case. We can review your situation and explain the options available to you for receiving benefits and protecting your job.
Cannon Disability Law Can Win You Disability Benefits For Depression
At Cannon Disability Law we specialize in helping you prove your disability. Our goal is to develop your case. Developing your case means getting your medical records which show the Social Security Administration you cannot work due to your depression. In order to do this, you will need mental health treatment. Likewise, we will need the support of your mental health therapist or counselor. We need to prove that your depression contains the elements under Listing 12.04. Usually your counselor or therapist helps you by writing a letter about your disability. In their letter, they should state you cannot work due to your mental health.
It is possible for one person to have Depression and also have Anxiety at the same time. Anxiety is also known as Generalized Anxiety Disorder. There are many times that two or three types of mental conditions occur together. However, Anxiety is a listing under 12.06. For the SSA, each mental condition has its own listing. Physical conditions are also considered separately under their own listing.
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Qualifying For Disability Benefits Based On Depression Listing
To qualify under the SSA’s official listing for depression, your depression must be characterized by at least five of the following:
- depressed mood
The SSA also requires that your depression cause limitations in the following areas:
- understanding and remembering instructions and learning new things
- interacting with others appropriately
- concentrating and persisting to complete tasks, and/or
- managing oneself .
Alternatively, you might be able to qualify without fulfilling the above requirements if your depression has improved with medication or psychosocial support, but your recovery is tenuous and you could experience a setback if you go back to work. Specifically, to qualify under this alternative, your depression must be medically documented as having lasted at least two years and you must have minimal capacity to adjust to changes in your environment or an increase in mental demands.
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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.
A Failure To Follow Prescribed Treatment Can Cause A Claim To Be Denied
Generally, judges are only inclined to approve a mental health claim when the person seeking disability is listening to the treating professionals. If a mood or anxiety disorder is severe enough to make someone unable to work, mental health professionals would almost always recommend that such a person engage in consistent counseling and medication management. If this is indeed recommended but someone does not comply, it can negatively impact a case, even when compliance is made difficult by financial or transportation issues. Often, someone does not like a particular therapist or agree with a proposed course of treatment. In this situation, it is best to seek a second opinion instead of abandoning treatment altogether.
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Is It Hard To Get A Disability For Depression
Depression is a mental health condition that affects your mood, emotions, and feelings, as well as your weight, sleeping patterns, energy level, and ability to work. If your depression prevents you from working, you might be eligible for Social Security disability benefits.
To be eligible for Social Security benefits for depression, you must have at least five of the following symptoms:
- The depressed state of mind
- Most practices have lost their appeal.
- Changes in your appetite and weight are important.
- Problems with sleeping
- Others will see the movements, which are either lethargic or agitated.
- Power depletion
- Suicidal ideation
You must also fulfill at least one of the following two requirements:
You have trouble understanding facts, communicating with others, paying attention, or taking care of yourself. At least two of these areas must be exclusive to you.
Your depression is considered severe and chronic, and you have evidence that you have been suffering from it for at least two years and have been seeking care for it. You also have a hard time adjusting to changes in your routine and new demands.
It can be easier to get a disability for depression if you have such symptoms.
Components Of A Successful Application
Even a diagnosis of a major depressive episode from a mental health professional doesnt guarantee disability benefits. We still must provide the SSA with evidence that your mental condition is disabling. This evidence often includes:
- Personal testimony
- Mental status evaluation
- Psychological testing
We understand how difficult it can be to deal with depression. Its effect on concentration often makes gathering medical records seem impossible. But you dont have to combat this mental illness alone. We can work with you and your doctor to document how this mental condition affects your ability to work.
We can help you decide whether it makes sense to apply for Social Security Disability Insurance or Supplemental Security Income benefits. And well be there from the time of your initial consult until you receive benefits and beyond. Give us a call today so we can help you get the help you deserve.
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Applying For Benefits And Filing Appeals
Disability applications often take months to go through the first and second review stages, and an appeal can add several more months to the process. This means you may have to wait a year or longer before you have a final decision on your claim. Disability benefits can be the financial help you need to pay for everyday living expenses, medical bills, and other financial obligations though, so the application process is well worth the time and effort.
The SSDI application can be completed in person at your local SSA office or online via the SSAs website. SSI applications on the other hand must be completed via a personal interview, usually at a local branch office.
Those Diagnosed With Severe Anxiety Disorder Ptsd Or Ocd May Be Able To Get Disability Benefits
By Bethany K. Laurence, Attorney
While many individuals claim they are affected by anxiety or stress, an anxiety disorder is a mental condition in which extreme feelings of worry and fear control everyday actions. Only when you experience severe symptoms of anxiety that affect your ability to function at work and at home can you be eligible for disability benefits through the Social Security Administration . Symptoms of an anxiety disorder include an inability to concentrate, avoidance of certain situations, fear of crowds, or feelings of panic. Many people experience an abnormal level of worry and concern, sweating, feeling faint, dry mouth, muscle tension, and hypervigilance.
To be considered for disability benefits due to an anxiety disorder, Social Security requires medical evidence that you have been diagnosed with an anxiety disorder, and that as a result of this condition you have been unable to work for at least 12 months. Based on your current income and work history, you may apply for Social Security Disability and/or Supplemental Security Income benefits.
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What Is Social Security Disability
Social Security is a federal government program that provides financial benefits to people who are in need. It is funded by federal taxes, and its benefits are paid out to people who are eligible for retirement, have low income, or are unable to work because of specific health conditions.
There are two types of Social Security programs that help people who are disabled:
Supplemental Security Income pays benefits if you are elderly, blind, or disabled and have little or no income.
Social Security Disability Insurance pays benefits if you are disabled and currently unable to work, but have worked in the past and paid into Social Security.
There are a number of different impairments that qualify for Social Security disability. They include medical conditions like cardiovascular, respiratory, and endocrine disorders, as well as mental health conditions like schizophrenia, autism spectrum disorder, bipolar disorder, and depression.
How Can I Apply For Disability Under Ada
You dont have to apply for coverage. If you live with a disability as defined by the ADA, youre already protected. No action is required on your part.
If you feel youve experienced discrimination or unfair treatment at work due to your disability, you can file a civil rights complaint with the Department of Justice.
You can use the online form provided or choose to mail or fax your form.
The form will ask you to:
- give your contact information
- list the date or dates of the event
- give a personal description
- review your form before submission
After your complaint is received, itll go into the review process, which may take several months. You can check the status of your complaint at any time by calling the ADA information line at 800-514-0301 or .
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How To Get Disability Benefits For Depression
There are a number of forms of depression. For example, there is circumstantial depression. This can occur if you lose or loved one or go through a divorce. Typically, these kind of symptoms are temporary and will not prevent you from working on a long-term basis. The kind of depression that results in disability is long-term depression. It is also known as clinical major depression. Long-term, debilitating mental issues symptoms may start with a difficult life event, like a divorce. However, unlike circumstantial depression, once the event is over the symptoms continue. The symptoms prevents you from working. And, they can even stop you from doing your daily activities at home.
In order to receive disability benefits for depression, you will need to file an application for disability insurance benefits. You will also need to show that you meet the criteria under listing 12.04. Listing 12.04 is what the SSA uses to determine the symptoms and severity of your depression. If you depression is severe it will prevent you from doing your daily activities, interacting with other people, and your return to work. You can apply for disability benefits, including SSI benefits, online at the Social Security Website.
Mental Health Cases Can Be Difficult For A Judge To Assess
If a case is based on a spinal disorder, a judge can look at an x-ray or MRI report to evaluate severity. If someone has COPD, a judge can look at the results of a pulmonary function test. A mental health evaluation generally does not involve any comparable testing. While judges can consult with psychological experts, mental health analysis can be limited by a lack of information, especially when an individual is not engaged in regular mental health treatment. This treatment generates the records which provide experts and judges with the information they need to form opinions and make decisions.
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Is Depression A Permanent Disability
You may be eligible for a long-term disability claim if a certain amount of time has passed, and you are unable to perform the duties of any occupation for which you may have training, education or experience because of depression or anxiety.
Bipolar II problem is 5 to 10 times extra usual than Bipolar I problem. Among nonpharmacological therapies, acute bipolar depression is responsive to ECT , although ideal treatment to adhere to successful ECT continues to be uncertain. Other biomedical treatments may be of value in bipolar depression. Extreme light treatment and also sleep deprival are plausible candidates that call ssi for adults with depression for ample screening in BD . Based on such research studies, several professional records suggest long-lasting lithium treatment to restrict danger of self-destructive behavior in BD people . In the manic phase of bipolar illness, it prevails to experience feelings of increased energy, creative thinking, and also bliss.
Basic Eligibility For Benefits
The SSA must see that you meet basic eligibility requirements before further reviewing your application for benefits. This basic eligibility includes having:
- A formal diagnosis of a potentially disabling condition
- A diagnosed condition that will disable you for 12 months of longer
After the SSA confirms that you meet basic eligibility, they will then move on to review your medical condition in detail and verify that you meet all program requirements for SSDI and/or SSI.
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A Consider The 10 Sorts Of Depression
A postmortem study of the frontal lobes of individuals with these conditions exposed that the glutamate degrees were increased. A number of elements contribute to bipolar illness, or manic-depressive illness, consisting of genetic, biochemical, psychodynamic, as well ssi and major depression as environmental factors. A postmortem research by Konradi et alia of the hippocampus in both individuals with bipolar affective disorder and also healthy persons found that the 2 teams did not differ in the overall variety of hippocampal nerve cells.
Depression Medicine Types And Tips For Taking Antidepressants Webmd
Depression Medicine Types and Tips for Taking Antidepressants.
Get some ideas here on dealing with a moms and dad with bipolar disorder. If various other therapies have actually not assisted, a doctor may prescribe electroconvulsive treatment. Therapy ssi for adults with depression intends to maintain the persons state of mind as well as decrease the extent of signs. The goal is to help the person feature efficiently in day-to-day live.
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Long Term Disability Benefits For Anxiety
Disability claims based on anxiety may be met with skepticism from insurance companies. Due to its subjective nature, severe anxiety is often misunderstood or minimized. If your long-term disability claim was denied, we will develop your case to be in the absolute best position to win on appeal.
Insurance claims examiners routinely deny disability benefits for anxiety due to a lack of objective medical evidence and insufficient treatment history. Insurers may also be quick to undermine a claimants credibility, taking the view that a claimant is malingering, meaning someone is faking or exaggerating their symptoms.
Most claimants who suffer from anxiety and other mental health challenges dont know that most group disability policies and many individual policies will limit all mental disorders to two years of benefits. If benefits are granted, insurers will use the mental/nervous limitation to terminate benefits.
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What Are Counted As Resources
Lets start by whats NOT counted. The following items are NOT counted when SSA computes your resources:
- Any back benefits you will receive as a result of your favorable decision
- The home you live in and the land it is on, if its your primary residence
- Your household goods and personal effects
- One vehicle, regardless of its value, if it is used as transportation
- Grants, scholarships, fellowships, or gifts set aside to pay educational expenses, for a limited period of time after receipt
- Burial spaces and burial funds, up to a certain limit
- Life insurance policies, up to a certain limit
- Property thats essential to supporting yourself
WHAT DOES COUNT:
There are additional items that are NOT counted these are the most common.
It means that if you stopped using drugs or alcohol for three months or more and you were therefore no longer disabled, its a material component of your disability. On the other hand, if you stopped using drugs or alcohol for a period of three months or more, and you were still disabled due to other impairments, drug or alcohol is not a material component.
If you are actively using drugs or alcohol and your only impairment is mental, you are likely to have difficulty being approved for benefits.
If drug or alcohol addiction is found to be a material component of your disability, you cannot receive benefits.
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Depression Disability Benefits: The Ultimate Guide
I wrote The Ultimate Guide to Depression Disability Benefits for people who need to win or maintain disability benefits for Depression.
This Guide is based on my 25 years experience as a former occupational therapist and now disability lawyer. This Guide is meant to give you an overview of the types of benefits you may qualify for and the challenges you will face.
Because you are reading this Guide, I know you are on the right path. Educating yourself is the single most important thing you can do to improve your chances of success with any disability claim.
If you have questions about this Guide, or any disability claim issue, call our support team toll free at .
Keep on learning and I wish you all the best with your journey,
David Brannen, disability lawyer & founder, Resolute Legal