Friday, May 27, 2022

Can You Be Put On Disability For Anxiety

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Anxiety Disorder and Social Security Disability: Winning Strategies for Your Claim

I once saw a therapist who said my tattoos are an ugly way of trying to make myself special, and that they remind him of the iron stamps put on cows. While I was about to burst into tears, I stood up, kept myself composed, told him hes an embarrassment to his profession and elegantly left. If something like this ever happens to you, know that you are not there to be judged upon your body, life choices, sexuality, health or general decisions. You are there to learn about yourself and heal with the help of a professional who is not allowed to hit you when youre at your most vulnerable. From that experience, I learned I always have a choice, and my choice was to leave and never look back.

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Can You Receive Social Security Disability Benefits For Social Anxiety

While many people are affected by high levels of stress and anxiety in their daily life, there are others who suffer from anxiety on a regular basis. Anxiety is a mental condition that is marked by extreme fear and worry in the midst of everyday activities that can lead the person to seek complete control over everything that goes on during their day. In some cases, this anxiety can be so severe that it interferes with your daily life, inhibiting your ability to function in a workplace and secure gainful employment. When this occurs, you may be entitled to seek out social security benefits as long as your anxiety meets the medical and other qualifying requirements.

The Qualifications Of Social Securitys Listing Of Impairments

In order to qualify for disability, your doctors diagnosis will have to characterize your anxiety as causing three or more of the listed conditions.

  • Difficulty concentrating or staying on task
  • Restlessness
  • Muscle tension
  • Becoming easily fatigued

Once three or more of the above characteristics have been established, it will need to be proven that your anxiety inhibits normal function. You will need to have demonstrated extreme impairment in one of the following areas listed below or a serious problem in two or more of the areas.

  • Problems comprehending, retaining, or using information, inhibiting your ability to follow instructions, exercise good judgment, or learn new things.
  • Difficulty interacting with others, preventing you from exercising socially appropriate behavior.
  • Problems staying on pace or concentrating on a task, leading to your inability to complete them.
  • Difficulty adapting to change which can cause behavioral problems.
  • Problems with self-care.

If you have already been in a protected and structured situation such as intense therapy or receiving an immense amount of psychological support, these issues may be diminished, but that does not mean you wont necessarily qualify. If our doctor determines and has documented support that the above conditions are likely to exist if you are removed from your protected setting and put into real-life situations, you may still qualify.

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Provincial Income Support Benefits For Depression

Each province in Canada pays income support benefits to people who cant work because of disability. If you qualify, you can receive fixed payments for life.

You can qualify for provincial benefits even if youve never worked. However, they only apply if your total family income falls below a certain amount. That amount differs from province to province. Family income doesnt affect the approval process for other types of disability benefits.

You apply for provincial disability benefits by applying through your provincial agency or program. As usual, your doctor will need to provide a report or certificate that confirms you cant work because of your condition.

If you get denied, you can appeal internally within the agency or program. In some provinces, you can also appeal to an outside tribunal for a final decision. Check with your province for the proper procedures.

Basic Eligibility For Benefits

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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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The Perils Of Doctor Shopping

If your doctor will not help you by filling out your disability forms, you may need to see another doctor. However, beware of doctor shopping. If you see multiple doctors in an effort to find a supporting a physician, Social Security will view this negatively in your case. If you must see another doctor, be sure to take all of the medical records related to your case to the doctor for his or her review. This will provide the objective medical evidence the doctor will need to form his or her opinion about your limitations.

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Specific Medical Evidence Needed For An Anxiety Disorder

Your doctor or psychologist may have diagnosed you with a general anxiety disorder, a post-traumatic stress disorder , an obsessive-compulsive disorder , a panic disorder , or agoraphobia . The SSA will want to see evidence of any psychological testing or evaluations diagnosing you with anxiety, and any treatment notes by your doctor showing that you have been consistently reporting symptoms of anxiety.

Most importantly, you will need to explain what happens as a result of your anxiety. For instance, if you are at work and you have a panic attack, what do you do? Will you leave the job site? Do you lock yourself in the bathroom for an hour? Or, will you suffer in silence but become unable to complete your work tasks that day due to difficulty with memory and concentration? You should try to obtain a medical opinion from your treating doctor regarding your level of anxiety , what triggers your anxiety, and the effect of your anxiety disorder on your ability to work. If possible, you could also try to get a statement from your past employer regarding any work absences due to anxiety symptoms.

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What If You Don’t Meet The Criteria

If you have severe impairment in functioning that does not meet the above criteria, you may still qualify for support.

The SSA recognizes something called residual functional capacity the work-related abilities that you have in spite of your social anxiety disorder.

Evaluation of your RFC demonstrates how your ability to work is compromised by your anxiety even if the impairment is not severe enough to meet the criteria listed above.

For example, if you have severe performance anxiety you might be unable to complete job duties as a teacher, even though daily social activities and daily functioning are manageable.

How Much Disability Compensation Will I Receive For Anxiety

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The amount you receive in monthly VA disability for anxiety disorders depends on the disability rating.

Those that receive a lower rating may or may not receive monthly disability compensation.

However, even those with a 0% rating for anxiety and depression still qualify for free VA health care which can assist with medical bills and treatment.

In general, those at a VA disability rating of 30% can expect around $430 per month while a 50% rating pays out much higher at $880 per month.

The highest levels of impairment offer substantial monthly compensation.

Veterans with a 70% VA rating for mental health receive $1,400 per month while the 100% rating provides over $3,000 per month in disability.

These rates are subject to change yet were accurate as of 2019.

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Alleviate Anxiety With Canadian Disability Benefits

Everyone has experienced anxiety in one way or another.

For most of us, anxiety means being apprehensive, or careful sometimes its the catalyst thats motivates us to take decisive action. But for others, anxiety can heighten to level where the perpetual presence of anxiety symptoms negatively affects the persons quality of life.

This mental illness is known as anxiety disorder, in which a person cant deal with certain stresses or issues and become obsessive about it. Anxiety can worsen if it isnt treated correctly, and can lead to other problems including panic disorder, panic attacks, and even symptoms of depression.

Making Sense Of Residual Functional Capacity

There are cases where your anxiety disorder would not be considered to be severe enough to prohibit you from working, but may still limit you. In these instances, you will be given a mental residual functional capacity statement from the Social Security Administration. This statement will detail the type of work that you are capable of performing and how often you can perform these tasks. For example, a diagnosis of panic disorder could lead you to concentration problems as your panic will take over in certain situations. Your statement may prohibit you from performing complex tasks but allow you to perform shorter takes that are simpler and can be learned in less than a month. They can also put more restrictions in place, such as no contact with the general public and limited contact with other employees.

In this situation, you would likely be denied benefits as you can still perform minimal tasks, but if your panic attacks were to become more frequent, limiting your concentration level to around eight hours, then it is likely that you would be unable to perform any type of employment and could be awarded disability.

In short, to be awarded disability benefits, your residual functional capacity deemed by the SSA will need to limit you from working any jobs that you have previously had, and from performing been simple tasks available to unskilled workers in the United States.

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What Medical Conditions Qualify For Disability Benefits

Any medical condition can qualify for disability benefits. Generally speaking, most disability benefits programs in Canada do not give benefits based on a medical diagnosis. Rather, they provide benefits based on the level of disability caused by the medical condition. So the focus will always be on the level of disability caused by your medical condition, rather than only the name of your medical condition or diagnosis. To qualify for benefits, you must show that the level of disability from your medical condition meets the eligibility criteria of the disability benefits plan in question.

Following is a list of common medical conditions that qualify for disability benefits. For each of these conditions we discuss the unique challenges you will face.

Questions We Will Ask

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Our goal when you call is to have you leaving the call in a better position than when you started, even if just because you know something about the claims process that you didnt know before. We will listen to you and give you suggestions for what to do next, whether we are the right ones to help you with your claim or not. On the initial call, we may ask you:

  • Do you have a denial letter?
  • Can we see a copy of your policy?
  • Have you been seeing someone for your mental health?
  • If so, how long have you been seeing them?
  • Do you have records of your visits?
  • When did your mental health condition start affecting your job performance?
  • What are some specific things you need to do for your job that you are unable to do?

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How Much Is Disability For Anxiety

A 10 percent disability rating also represents a less severe form of depression or anxiety. The veteran may experience mild periods of high stress resulting in minor social and occupational impairment. However, the condition does not cause any major functional impairment and can be managed with medication.

What Are The Disabling Symptoms Of Anxiety Disorders

Anxiety disorders can cause both disabling emotional/cognitive symptoms and physical symptoms. Many people are surprised to hear that although anxiety disorders are considered a mental illness, they have tangible physical symptoms as well. Its important to report all symptoms you experience to your treating doctors so that he or she gets a full picture of the impact your anxiety has on your daily life and ability to work.

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Filing For Social Security Disability With An Anxiety Disorder Diagnosis

The Social Security Administration considers anxiety disorders under Section 12.06 of the Blue Book, which covers Mental Disorders.

It can be difficult to claim Social Security Disability Insurance or Supplemental Security Income benefits on the basis of an anxiety disorder diagnosis because the medical evidence supporting the diagnosis is highly subjective and is based on hard-to-document criteria, such as feelings and behavior that occurs outside the doctors office and is reported to the doctor by the patient.

In order to successfully apply for disability benefits due to an anxiety disorder, be sure to present a history of treatment by medical professionals, including both your physician and a qualified mental health professional, in order to show the recurrent or persistent nature of your anxiety disorder.

The SSAs definition of disability is any medically determinable mental or medical impairment that has prevented an individual from performing substantial work for twelve months, is expected to prevent an individual from working for twelve continuous months, or is expected to end with death. Be sure that your medical documentation can thoroughly and specifically demonstrates to the SSA how your disability interferes with your ability to function on a daily basis.

If you apply for disability benefits under Anxiety-Related Disorders, you must meet the conditions of either Paragraphs A and B below, OR the conditions of Paragraphs A and C below.

Contact The Berry Law Firm For Help With Va Disability Appeals

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The GAD VA disability appeal lawyers at Berry Law Firm are committed to helping Veterans in their fight for the full disability benefits they are entitled to receive.

If your VA disability claim for benefits related to an anxiety disorder was denied, we want to help you. Our team of award-winning attorneys includes Veterans, former VA employees, and military spouses who are dedicated to providing Veterans the legal representation needed to pursue an appeal for all the disability benefits you have earned through your service to our nation.

Call Berry Law at or contact us online to schedule a free and confidential legal consultation today. We know the way forward.

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Understanding The Role Your Medical Evidence Plays In Getting Disability Benefits

Your medical records and other evidence play a central role in getting approval with any type of qualifying impairment. The disability examiner who oversees your case will need to look at your doctors notes, test results, treatment plan, treatment results, and other information about your condition. This allows them to judge the severity of your condition and see that it prevents you from working and keeping a job.

Since your medical evidence is the only way the Social Security Administration can determine if you meet the qualifications for disability benefits, it is important to ensure they have access to your records at every doctor, clinic, and hospital that treated you.

When you apply for disability, you will have to give the SSA a list of contact information, so they can request your records. This includes:

  • Doctor or hospital name
  • E-mail
  • Patient ID, when possible

If you have Berger and Green working your case, we can help you gather this information and ensure it is correct on your application. Without this contact information, the disability examiner will not have access to your diagnosis, any test results, treatment plan and outcome, and information about your medication.

For a free legal consultation, call

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What If My Anxiety Was Aggravated By Service

It is common for service members and veterans to deal with mental health problems such as anxiety disorders.

The VA will only award disability benefits to service members that establish a service connection.

The service connection can either be direct or through a secondary basis.

Regardless, you must prove that the anxiety disorder started or worsened as a result of an in-service event.

For example, you may have had very minor anxiety prior to enlistment yet if that condition worsened as a result of serving in the military, you can establish a medical nexus with an official diagnosis.

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Whether You Are Working

Social Security will look at whether you are working, and if so, how much. Social Security can grant you disability benefits if you are unable to work at or over the substantial gainful activity level for at least one year. But if you are earning more than that, Social Security will deny your claim without even looking at your medical records.

Va Disability Rating For General Anxiety Disorder

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Generalized anxiety disorder is associated with traumatic experiences and other harrowing life events. The disorder is common among Veterans who were involved in combat.

GAD is characterized by excessive, persistent worrying that is hard to control. A Veteran with anxiety might worry a great deal about little things , about larger issues such as work, money or health, and/or about things that are out of their hands, such as national and international events.

Veterans with generalized anxiety are sometimes told that they worry too much and may even describe themselves as worry warts. Both are improper responses. GAD is a recognized disability and a Veteran who is preoccupied with anxious feelings should receive medical help through the VA or a private provider. If your GAD disability claim has been denied, the VA disability appeal attorneys at Berry Law Firm can help you file an appeal and pursue the full benefits that you have earned through your service to our country.

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