How Do You Prove You Cannot Work Due To Depression
Anyone who has suffered clinical depression understands that it can ruin your career and relationships alike. However, you should never assume the insurance company will understand how your individual symptoms impact you and your job. To increase your chances of claim approval, you must explain why each of your symptoms prevents you from performing your job duties.;
For example, during a depressive episode, you be unable to get out of bed due to your severely depressed mood and fatigue forcing you to call in sick.;You may be preoccupied with your debilitating symptoms and unable to focus, concentrate, or pay attention during an important meeting or telephone call with your biggest client. ;Or your lack of interests, low energy and feelings of hopelessness may make routine tasks seem overly stressful or cause you to procrastinate and miss a strict deadline.
There are many ways depression symptoms can impair your ability to work. These need to be explicitly outlined in your evidence when submitting your claim.
Warning: Ltd Policies And Mental Illness Limitations
One thing to keep in mind when filing for long term disability is whether your long term disability insurance policy includes a Mental Illness Limitation.
Policies that contain a Mental Illness Limitation typically limit your benefits to;two years if you;are disabled due to a psychiatric condition such as depression or anxiety.; Of course, each policy is different, so the prescribed maximum period may be shorter or longer depending on the terms of your particular policy.
Some policies with Mental Illness Limitations contain exemptions for certain mental conditions occasionally, bipolar disorder is exempt, though most other depressive disorders are not.
If you are solely disabled due to depression and your policy contains a Mental Illness Limitation that does not exempt it, your benefits will most likely stop when the maximum allowable period expires. Unfortunately, the severity of your mental illness will become irrelevant after the maximum allowable period expires.
However, if you can demonstrate that you are disabled due to objective cognitive problems, your benefits may extend beyond limitation period.;A neuropsychological evaluation, as discussed earlier, can provide this evidence.
Major Depressive Disorder Va Disability Benefits Appeals & Denials
Lots of veterans initially have their VA disability denied. A large number of major depressive disorder VA disability benefits rating claims are denied. The VA makes a lot of mistakes when processing claims. Every year, thousands of veterans who are denied call our VA benefits appeals lawyers looking for help. Do not give up hope after a VA disability denial, you can appeal.
If your claim was denied in the last 12 months, you;can file an appeal. If your major depressive disorder VA disability benefits claim was denied over 12 months ago, you will need to file a new claim and start the application process over from the beginning.
If you have received your VA disability Rating Decision letter, we can review it for free and give you a legal opinion about your claim. We will be brutally honest with you. Sometimes we have to tell veterans that their 80% VA disability rating is all they are entitled to at this time and that they should not appeal.
Appealing a major depressive disorder VA disability benefits rating can be hard for veterans to do on their own. According to the current;VA disability benefits timeline, an appeal can take years. We cant stress how important it is for veterans who were denied to talk with a VA-certified disability attorney. You want someone with experience to handle your appeal.
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What If My Rating Is Correct But My Effective Date Is Wrong
This happens all the time. The VA often hands out incorrect effective dates, which can rob veterans of VA disability back pay. If this happens on your major depressive disorder VA disability benefits claim, you can file an earlier effective date claim. This type of claim allows veterans to keep their major depressive disorder VA disability benefits rating, but challenge the amount of back pay they received. Many veterans recoup missing back pay from filing earlier effective date claims.
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Is Depression Classified As A Disability
Yes, depression is a disability if it significantly limits your ability to function in everyday life and treatment isn’t working. According to the;Anxiety and Depression Association of America, Major Depressive Disorder is a leading cause of disability in the United States for people aged 15 to 44.;
As defined by the Social Security Administration , disability means the inability to engage in any substantial gainful activity because of a physical or mental problem.;
In order to qualify, you must not be able to work at all in the next 12 months and have a disability that’s expected to last for more than one year. However, it can sometimes take several months of trying before you’re approved for disability benefits, but you will receive retroactive payments based on your application date.;
The SSA has strict requirements for receiving supplemental security income and disability benefits. Although having treatment-resistant depression is a disability, you won’t automatically qualify for benefits. Your depression must substantially limit one or more significant life activities.;
Is Your Condition Severe
Your condition must significantly limit your ability to do basic work-related activities, such as lifting, standing, walking, sitting, or remembering for at least 12 months. If it does not, we will find that you are not disabled.
If your condition does interfere with basic work-related activities, we go to Step 3.
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The Social Security Administrations Mental Disorders Listings
If you have a disability that is listed in the SSAs Blue Book of disabilities, it may be easier to qualify for disability. While the core factor in determining whether you qualify for disability is your inability to work because of your conditions severity. Having a condition on this list is just one part of your qualification.
The SSA lists 11 broad categories of mental health disorders that may qualify for disability payments. Note that this information is not provided as legal advice medical, or mental health advice, but merely to help inform you about your potential qualifications.
Depression Disability And Your Job: What It Means To Be Disabled
If you’re feeling overwhelmed and don’t have the energy for daily tasks or self-care, there may be a chance that you qualify for disability benefits because of depression.;
The question of whether depression makes you eligible for disability is complex. It’s true that many people with depression are able to work, but some are not. A lot depends on the severity of your symptoms and how they affect your ability to function in everyday life.;
In this disability benefits review, we take a look at what it means to be disabled by a mental illness, as well as how you can qualify for disability benefits.
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Somatic Symptom And Related Disorders
Section 12.07s disorders include hypochondria and other psychosomatic disorders where your brain interprets physical sensations as illness, and can actually make your body sick. Proving these disorders is difficult, as many of the sensations the patient experiences are not medically provable and may seem fake. However, the SSA does recognize the disorder and must pay Social Security to patients with real cases of these disorders.
Symptoms include preoccupation with having a physical illness, discomfort, fatigue, and anxiety about your health, as well as physical symptoms that are not faked but have no medical explanation.
Depression May Qualify You For Disability Payments
Depression is a mental health condition that can impact many aspects of your life. If you have treatment-resistant depression that affects your ability to work, it may qualify as a disability.;
You’ll need to apply for SSDI or SSI benefits, and it generally isn’t a quick process. If you qualify, you can also receive help for health care through the federal Medicaid program.
Zia Sherrell;is a digital health journalist with over a decade of healthcare experience,;a bachelors degree in science from the University of Leeds and a masters degree in public health from the University of Manchester.;Her work has appeared in Netdoctor, Medical News Today, Healthline, Business Insider, Cosmopolitan, Yahoo, Harper’s Bazaar, Men’s Health and more.
When shes not typing madly, Zia enjoys traveling and chasing after her dogs.
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Disability Requirements For Major Depressive Disorder
To qualify for Social Security Disability, the Pennsylvania Bureau of Disability Determination will need evidence that you are suffering from adisabling condition. With depressive disorder, this requires specific medical documentation. At times, the BDD may request aconsultative examination to get additional and/or more current test results and a mental analysis.
- The Pennsylvania BDD will need medical evidence of depressive disorder by establishing at least five of the following characteristics:
- Having a depressed mood
- Lack of energy and tiredness
- Having thoughts of suicide or death
- Feeling guilty or worthless
From there, the BDD will need to determine whether your condition is disabling. This is done by securing medical documentation oflimitations of mental functioningor that your condition isserious and persistent. If the disability examiner and psychologist reviewing your application find enough proof of limitations or a serious and persistent depressive disorder, you may qualify forSSDI or SSI.
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If you have been denied before or are currently underrated and need to service-connect your depression VA Claim,
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Are You Covered By The Ada
The ADA, along with the;2008 amendment, states that persons qualify for disability if they:
- Have a physical or mental impairment that substantially limits one or more major life activities and/or bodily functions . Major life activities include, but are not limited to, caring for yourself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
- Have a history of such an impairment
- Are regarded as having such an impairment
Limitations Of Mental Functioning
You may qualify for Social Security Disability if you are experiencing limitations of the following areas of mental functioning. You will need to prove extreme limitation of one category or marked limitation of two categories to qualify.
Are you limited in any of the following areas? If so, you may qualify for disability benefits:
- Recalling, applying, or understanding information
- Interacting with other people
- Focusing your attention, maintaining pace, or persisting
- Managing yourself and adapting
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Medical Opinions About Your Depression Or Bipolar Disorder
You will need a statement from your treating doctor or a psychologist regarding the severity of your depression. For example, your doctor might give an opinion that you would miss several days of work each month due to your depression. Make sure the doctor provides an explanation for this opinion.
Continue to see your doctor or therapist during the waiting process for benefits so that you can amass a long treatment history in your medical records. The SSA cannot easily deny the opinion of a therapist who has consistently found you to have a severe mental disorder and who has clinical signs supporting this opinion. If you cannot afford to see a doctor or therapist on a regular basis, the SSA may send you to a consultative examination with a psychologist. For more information, see Nolo’s article on getting a doctor’s report for disability.
The Law On Disability Discrimination
If your mental illness has a significant, adverse and long-term effect on your ability to carry out normal day-to-day activities, it is likely you are protected under disability discrimination law. This includes people who had a disability in the past.
Currently, the law considers the effects of an impairment on the individual. For example, someone with a mild form of depression with minor effects may not be covered. However, someone with severe depression with significant effects on their daily life is likely to be considered as having a disability.
Many people with a mental health condition do not think of themselves as having a ‘disability’ – but they may have rights supported by disability discrimination law.
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Major Depressive Disorder And Individual Unemployability Benefits
Total Disability Individual Unemployability benefits are available to veterans who cannot work because of their service-connected mental and physical conditions. If youre eligible for major depressive disorder VA disability benefits and cannot work because of your conditions, Individual Unemployability benefits may be for you. Our Individual Unemployability lawyers often see veterans with major depressive disorder win these types of claims. Major depressive disorder prevents many veterans from being able to keep or obtain meaningful employment.
If your major depressive disorder is not expected to improve, you could receive a permanent and total rating. While this is not always easy to do, it can be done. Many mental conditions will never improve over time even with the proper treatment. In fact, many veterans see their mental conditions worsen over time, instead of improving.
Dallas Attorneys Assisting With Disability Benefits For Those With Major Depressive Disorder
Mental health issues can be debilitating, but they are not always outwardly obvious. Fortunately, both medical authorities and the general public have become more aware of how mental illnesses can affect people. This means that those who struggle with these conditions are more likely to be considered disabled. Major depressive disorder, which is usually referred to simply as “depression,” is one of the most common mental illnesses, and it can significantly affect a person’s ability to maintain employment. Because of this, those who struggle with depression may qualify for Social Security disability benefits.
While the likelihood that a person will be able to receive disability based on depression and other mental illnesses has increased over the past few decades, it can sometimes be difficult to prove that these issues have met the requirements to be considered a disability. To ensure success when applying for disability benefits, those who suffer from depression will need the assistance of a skilled and experienced lawyer. The Law Offices of Coats & Todd can provide legal help in these cases, and with over 60 combined years of experience, we know how to demonstrate that a person qualifies for Social Security disability benefits.
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Veterans With Dysthymic Disorder
Dysthymic disorder is characterized differently than major depressive disorder.
Those who have this disorder will often have irritable mood or mild depression in addition to feelings of hopelessness, low self-esteem, problems decision making and concentrating for long periods.
To receive a diagnosis for this disorder, it requires that the patient has felt this way for two or more years, and the symptoms they are suffering are severe enough that they prevent normal functioning in the world.
Depression And Medical Evidence
If you are working with a disability lawyer, they can help you interpret SSAs disability listing for major depressive disorders. But, for the purposes of this blog, well highlight a few key points noted in the listing.
First, please note that in most instances, SSA makes reference to severe or extreme limitations. That is a high standard to meet, and moderate or mild depression symptoms will not qualify.
In addition, its important to note that for your claim to be successful, your condition must not be responsive to medical treatment. In other words, if you suffer from major depressive disorder and do not comply by taking medication that could improve your condition, it is likely that your claim wont be approved.
On the other hand, if your major depressive disorder is pervasive, serious, not responsive to medical treatment and well-documented, you may have a successful disability claim.
As always, SSA will hold you to their defined standard of disability which is that your impairment prevents you from performing work of any kind above the substantial gainful activity limit. This impairment must impact you for a period of 12 consecutive months or longer.
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Length And Levels Of Depression
Your depression or bipolar disorder must have lasted or be expected to last for at least a year, and must be at a level at which you would be unable to perform a job on a consistent and regular basis. The SSA does not require that you be depressed every day of the month, but you must show your depressive symptoms occur frequently enough to prevent you from working.
Quite often, your medical treatment records for a particular visit will say that you are âfeeling betterâ or that your depression has âimproved.â The SSA might use these records as a reason to deny you disability benefits. If your medical records include such notes, you can explain at a hearing before an administrative law judge whether you have good days and bad days with your disorder, and how often each occurs.
What Conditions Should I Include When Filing My Claim
If you are filing a major depressive disorder VA disability benefits claim, dont forget to include all your other service-connected conditions. Our VA disability compensation lawyers always tell veterans to file for everything in the world. Because you dont practice VA law daily, you may not even understand how some of your medical conditions are related to your time in the service.
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