Applying For Ssdi/ssi Benefits For Anxiety Disorders
If you apply for disability benefits related to an anxiety disorder, the Social Security Administration will review your review your disorder under the Adult Listings, which is a set of criterial that measures that severity of your anxiety and may qualify you for benefits.
This is a strict test. To qualify for benefits under the Adult Listings, you must meet the conditions of either Paragraphs Aand B below,OR the conditions of Paragraphs A and C below. This is not a maybe test all the required conditions must be met to qualify for benefits.
A: You must have medical documentation ofone of the following:
- Constant generalized anxiety, with three of the following four symptoms: motor tension, vigilance and scanning, autonomic hyperactivity, or apprehensive expectation.
- Constant irrational fear of a situation, object, or activity that results in a significant desire to avoid the situation, object, or activity.
- Recurring severepanic attacks that are characterized by sudden unpredictable episodes of intense fear, apprehension, terror, and a sense of impending doom that happen at least once a week.
- Recurrent compulsions or obsessions that cause marked distress.
- Recurring intrusive remembrances of a traumatic experience that causes marked distress.
B: The condition under Paragraph A must result in at leasttwo of the following:
- Repeated periods of decompensation, each of extended duration.
How Does A Long
Many people will experience periods of depression or anxiety at times throughout their life. For some, the depression or anxiety will be longer-lasting, and may become chronic. Depression and anxiety can make it difficult or impossible to function at work, adding increased financial stress. If you are unable to work due to depression or anxiety, here is what you need to know about making a long-term disability claim.
Does One Get Social Security Disability Benefits For Depression
In the United States, the Social Security Administration provides two benefit programs for those dealing with an emotional disability caused by depression. These programs are Social Security Disability Insurance and Supplemental Security Income .
To qualify for these benefits, the SSA first needs evidence to determine is depression a disability in your case. You can file your application at your nearest SSA office or take the help of an attorney for the same. Based on your application, you may qualify for benefits under these programs as per the given criteria.
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Applying For Disability Benefits With A Mental Illness
Mental and psychological disabilities are among the conditions that can qualify for benefits from the Social Security Administration . You may qualify with severe depression, bipolar disorder, an anxiety disorder, or another mental illness that prevents you from maintaining gainful employment.
Social Security disability benefits can cover everyday living expenses, medical bills, and other financial obligations. Benefits are paid monthly and can alleviate many of your financial worries, making it possible for you to get by without income from employment.
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.
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Symptoms Affecting Your Functional Capacity
If you don’t qualify under one of the above SSA impairment listings, as part of the disability determination process, the SSA will automatically consider your symptoms and impairments to see to what extent they impair your daily activities and if there is any kind of work you could do. The SSA will give you a rating of the type of work it thinks you can do . This is called your residual functional capacity . For anxiety disorders, the key question is whether you can do even unskilled work. If your disorder keeps you from leaving the house or interacting with people appropriately, it’s possible the SSA could find this, but if your disorder is so severe, it’s likely the SSA would have found that you fit into one of its impairment listings for anxiety, agoraphobia, OCD or PTSD, above.
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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Getting Disability Benefits For Mental Health Issues
The Social Security Administration acknowledges the impact that anxiety and depression disorders can have on a persons ability to make a living and get by in society. Both of these families of conditions are considered qualifying medical disorders for establishing eligibility for disability payments.
The process of applying for disability with anxiety or depression is the same as it is for physical disabilities. In order to get benefits, you must submit an application with the Social Security office in your local area. Be prepared to submit documentation of your condition from a doctor or psychiatrist who has treated you. Ask relatives, friends and people who know you whether they can write brief statements about how your mental health and ability to function have been affected by the anxiety or depression. These statements are not definitive, but they can help paint a whole picture for the disability eligibility reviewers.
Rule 1# Returning To Work Along With Ssdi Benefits:
If you return to work while receiving the SSID benefits, SSA will consider your case as engaging in substantial gainful activities, but there is only one exception given the trial work period. This trial period allows a person to return to work without losing the benefits of SSDI. According to this exception, you can work up to 9 months despite how much you can earn.
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Common Accommodations For Depression And Anxiety
The accommodations you need will depend on your job and how your condition affects you. Here are some problems that might arise at work for employees who suffer from depression and anxiety disorders, along with some accommodations that might be effective:
You can find many more accommodation ideas at the website of the Job Accommodation Network.
Identifying Individuals At High Risk For Permanent Disability From Depression And Anxiety
- Department of Psychiatry, Social Psychiatry and Psychotherapy, Hannover Medical School, Hannover, Germany
Mental illnesses, among which depression and anxiety are most common, are the leading cause for permanent disability. It is of interest to know what case characteristics determine if a person returns to the work force in spite of mental illness to tailor specific interventions. So far, there has been little research into this field. In the present study a sample of 202 workers who had permanent disability due to depression/anxiety were followed-up on. 22% started some kind of work during follow-up in a period of 30 to 75 months. Logistic regression analyses showed that quick progression into disability, short period of disability, younger age, adequacy of income replacement through insurance benefits and no previous disability predicted return to work. These findings also allow to identify individuals at high risk for progression into permanent disability that can benefit from supporting interventions.
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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.
What Do I Do If My Claim Is Denied
The majority of applications are denied, but dont let a claim denial deter you. If you feel you cannot work because of your medical conditions, appeal the denial within 60 days.
Appealing an initial denial moves your claim to the second stage, which is called Reconsideration. Social Security assigns your claim to another disability examiner to reconsider the evidence. Social security may send you reports to complete, or schedule an evaluation with a doctor. It is important to your case that you comply.
The bad news is that most claims that reach the Reconsideration level are denied.
The good news is that if you appeal within 60 days you move to the third level, the Hearing, which is when the majority of applications are approved.
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Disability Tax Credit For Anxiety Disorders
A normal reaction to threatening, stressful, or frightening events is an increased feeling of anxiety. However, when this feeling is persistent and present in everyday life, or is experienced in response to normal, non-threatening events, it can prevent you from living fully and could even become disabling. Over one million Canadians have been diagnosed with a mental illness, and for every ten cases, one of these is a type of anxiety disorder. To help us through these difficult times in our lives, the Canadian government offers the Disability Tax Credit for Anxiety Disorders.
FIND OUT IF YOU ARE ELIGIBLE TORECEIVE THE DISABILITY TAX CREDIT!
Can I Get Social Security If I Have Depression
Depression is a type of mental health disorder that can impact your mood, thoughts and feelings, weight, sleeping habits, energy level, and ability to function. If you have depression that interferes with your ability to work, then you may be eligible for Social Security disability.
In order to qualify for Social Security for depression, you must experience at least five of the following:
-
Depressed mood
-
Suicidal thoughts
You also must meet at least one of the following two conditions:
-
You experience problems comprehending information, interacting with other people, maintaining attention, or caring for yourself. You must experience limitations in at least two of these areas.
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Your depression is considered serious and persistent and you have documentation showing that you have been suffering from the condition and receiving treatment for at least 2 years. You also have a hard time adapting to changes and new demands to your routine.
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Types Of Disability Benefits For Depression
If you become unable to work because of depression, you have a few options. You might be eligible for disability benefits from the government, your employer, or your insurer.
This list covers the possible options for depression in Canada:
- Employment Insurance sickness benefits
- Short-term disability insurance
- Provincial disability benefits
- Disability tax credit
Lets go over each so you know whether you qualify, how to apply, and how to appeal if they deny your claim.
Medical Qualifying With A Mental Illness
The SSA conducts a detailed review of your medical records to determine your eligibility for benefits. During this review, they try to match your records to a disability listing in the Blue Book. The Blue Book is the SSAs medical guide that is used to evaluate every disability application.
Disability listings outline the severity level requirements and the specific medical evidence needed to support a claim for benefits. Mental illnesses appear in Section 12.00 and include:
- 12.06, Anxiety-related Disorders you may qualify under this listing if you have a severe phobia, post-traumatic stress, a panic disorder, or another anxiety-related condition.
- 12.08, Personality Disorders this is the listing under which you may qualify if you have severe, clinical depression.
- 12.04, Affective Disorders if you have bipolar disorder, your application will be reviewed under this listing.
Extensive medical records are necessary to qualify, including:
- Information on your diagnosis, ideally from a psychiatrist or psychologist
- Brain scans or other evidence of physical abnormalities that document an organic cause for symptoms, if applicable
- Treatment records, documenting medications, therapy, and other management methods used and their effects
- Thoroughly documented episodes of increased symptoms or periods of decompensation
- Well documented affects of your symptoms on your everyday abilities or activities of daily living
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Tips For Getting An Anxiety Disability Claim Or Depression Disability Claim Approved
Here are some tips to help get your long-term disability benefits for anxiety or depression approved:
- Seek appropriate medical help to establish your diagnosis and prognosis and attend for regular appointments .
- Follow through on recommended treatment or medication plans.
- Keep notes on how depression or anxiety is impacting your day-to-day functioning, how often you have symptoms and their severity, and the efforts you have made to cope with or treat your condition.
Medical reports, doctors records, your personal notes, and other documents such as receipts for prescription drugs will help document your condition and provide support for your long-term disability claim application.
Note that once your claim has been submitted, the insurance company may require you to attend an independent medical examination for the purposes of obtaining a second medical opinion on your diagnosis, prognosis, and functional abilities.
It is also important to note that once your long-term disability claim has been approved, there will be ongoing requirements to document your disability, and at some point, it may be required to work with your employer and/or a rehabilitation consultant to discuss return-to-work plans or modification of work duties to allow you to return to work.
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.
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The Importance Of Getting Treatment For Depression
The SSA will review your medical records to determine if you have been prescribed any medication for your depression or bipolar disorder and whether this medication effectively controls your symptoms. If you have never been given medication, the SSA might consider your condition to be mild and not disabling.
In addition, if your doctor has recommended therapy or medication for your condition and you chose not to follow the doctor’s advice, the SSA might find you in “noncompliance.” You can be denied disability benefits for not complying with your doctor’s treatment recommendations. However, a good reason for not following a doctor’s recommendation is if you are financially unable to pay for therapy sessions. For more information, see Nolo’s article on being denied benefits for failing to follow treatment.
Living With Anxiety And Depression
If you have the symptoms of an anxiety or depressive disorder, getting the disability payments you need to get by can be just the beginning of the battle. Dont hesitate to seek out the help you need to manage these chronic conditions, and lean on your family and friends for the emotional support you need to get through difficult periods.
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Anxiety Disability Claim Depression Disability Claim We Are Here To Help
The long-term disability claim process is complex and can be very difficult to navigate on your own, especially when your life is already disrupted by the effects of anxiety or depression. If you are considering making an anxiety disability claim or a depression disability claim, have already started the claims process, or your long-term disability claim application has been denied, Ludwar Law Firm can help you. With over 25 years of experience handling long-term disability claims for depression and anxiety, Ludwar Law Firm stands out above the rest. Clients of our Calgary-based law firm from all over Alberta and Saskatchewan appreciate being able to talk to people who can explain the process, their options, and what will happen during their claim. Contact us today to schedule your free consultation.
Ludwar Law Firm
Qualifying Under A Disability Listing
If you meet the requirements of a disability listing found in Social Security’s Listing of Impairments, the SSA will presume you are disabled. Listing 12.06 covers all anxiety-related mental disorders.
To meet this listing, you must have a doctor’s diagnosis of anxiety characterized by three or more of the following:
difficulty concentrating
sleep disturbance, and/or
being easily tired.
In addition to having at least three of the above characteristics you must show that it affects your ability to function normally. Most people must have an extreme problem in one of the following areas, or a “marked” problem in two of the following areas:
- understanding, remembering, or using information
- interacting with others
- concentrating or maintaining pace in performing tasks , and/or
- adapting to change or taking care of oneself .
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