Is Depression a Disability for Purposes of Social Security Disability Benefits?

Depression is a mental health disorder that causes individuals to feel a loss of self-worth and happiness, resulting in feeling overwhelmingly sad, unmotivated, or lost. Unfortunately, depression can be severe and affects millions of people of all ages. If you suffer from depression you may be considering the option of applying for Social Security Disability benefits. Understanding what Social Security requires to document depression and how you can qualify for benefits can help you on your road to maintaining stability and seeking recovery. 

What Is Depression?

Depression is classified as feeling sad, hopeless, discouraged,  or “down in the dumps,” for an extended period of time. While depression is common for most people to feel at some point in their lives, serious episodes of depression, or clinical depression, can lead to the loss of relationships, employment, homes, suicide, and more.

What Is Clinical Depression? 

Clinical depression is severe depression that has been diagnosed by a medical professional, most often a general practitioner, a psychiatrist, or a psychologist. If you are suffering from extended bouts of feeling depressed that are not due to everyday events, tragic occurrences, or circumstances, speak with your doctor to determine the best course of action that is right for you.

Signs and Symptoms of Depression 

The signs and symptoms of depression vary, as no one individual experiences life and pain in the same manner. However, there are common signs and symptoms that typically manifest in those who struggle with ongoing clinical depression or depressive episodes due to another mood disorder or mental illness. Some of the mental and emotional signs of depression include:

  • Loss of focus and concentration
  • Despondent attitude and behavior
  • Social withdrawal
  • Loss of joy in activities that were once a source of fun and pleasure
  • Insomnia
  • Oversleeping
  • Lack of care for responsibilities and relationships
  • Poor hygiene routines
  • Thoughts of suicide
  • Discussions of suicide 

In addition to the mental and emotional signs that manifest in those who suffer from depression, physical signs and symptoms may also present themselves. Some of the more common physical signs of ongoing clinical depression may include:

  • Anemia and bruising
  • Loss of appetite
  • Nausea/vomiting
  • Diarrhea
  • Constipation
  • Hair loss
  • Tooth issues
  • Malnutrition 

Is Depression a Disability? 

Clinical depression is classified as a disability because it interferes with daily activities, work, relationships, concentration and focus, and other basic tassk. Individuals who suffer from chronic, manic, or ongoing depressive episodes may qualify for Social Security Disability benefits if their symptoms are severe enough to keep them from working on a full-time sustained basis..

How to Apply for Social Security Disability Benefits for Depression

Applying for Social Security Disability in the state of Utah is possible by visiting your nearest Social Security office or by doing so online. You have the ability to apply for Social Security Disability benefits independently and without legal representation, though many people recommend working with an attorney. 

You will need to prove that you have a valid diagnosis of depression or a related disorder and that diagnosis needs to be made by someone who is qualified to make it. To meet the severity requirements, your depression must interfere with basic functioning in at least two of four fundamental areas of functioning: understanding, remembering, or applying information; interacting with others; concentrating, persisting, or maintaining pace; and, adapting or managing.. If your activities of daily living and social functioning have been severely impaired, you may qualify for SSDI benefits. If your ability to maintain focus and concentration and your ability to maintain basic daily functioning have been severely impaired, you may also qualify for SSDI benefits. . You will require medical documentation and proof of your depression in order to prove the severity of your depression and how it is negatively impacting your daily life and ability to sustain yourself. Just taking medications or going to regular counseling is not sufficient. You will need to establish that nearly every aspect of your life is worse because of depression.

When working with medical professionals and attorneys, it is best to be open, honest, and upfront about how depression has affected your life. With the proper support from your legal counsel and doctors, you can be successful applying for the SSDI benefits you need.

What is Social Security Disability?

Social Security Disability or SSDI benefits provide you with a monthly income after you have been unable to work for 12 months. The crucial difference between SSDI and SSI relates to the number of years you worked full-time for five of the last 10 years. If you had FICA taxes withheld for five years during that ten-year span, you can apply to qualify for SSDI funds. If you weren’t able to work for that span at a W-2 job, you can still qualify for SSI or Supplemental Security Income, as well as state benefits depending on laws in your state. 

Qualifications

To qualify for SSDI, you must be facing severe, long-term, total disability. Total disability means that you can’t hold a full-time job. Long-term means that the condition is expected to last for at least a year. Anything you’re currently earning will need to be reported. In 2020, if your income is more than $1,260 per month for sighted people and $2,110 for non-sighted (statutory blindness) people, your application will not be accepted.

How Do I Apply?

You can make your Social Security disability application online. You’ll also send in a Medical Release Form so that SSA can collect your medical records. Take care to review the Adult Disability Checklist to make sure you have all your documentation in order. Finally, if you’re not comfortable working on the computer, you can apply via telephone or TTY. You can also visit your local Social Security office in person to ask for application help. It’s a good idea to call and set up an appointment for this assistance. What you put on the application is important. You may think that you have a slam dunk case for disability but more than 65% of initial claims are denied. You should consider hiring a Social Security disability attorney before you decide to file the application.

How Long Must I Wait?

The initial decision usually takes between four and six months. The process can take longer if Social Security needs additional information and sometimes they wait to see how well your treatment works to make sure your condition will last at least 12 months before making a decision. Once approved, you may receive a back payment of benefits and ultimately a monthly payment. For SSDI there is a 5 month waiting period that begins the month after the month you were found disabled and you can be paid nor more than 12 months prior to the day you applied. For SSI benefits generally begin with month you applied. Be aware that if you are disabled, any income you make and the income of your spouse may raise your income high enough that you have to pay taxes on your SSDI income. Once you apply for SSDI, be ready to apply for state benefits as well to make sure that you have some cash coming in to help you stay afloat.

What If I’m Denied?

There are four levels of appeal after a denial. After the first denial, you can request a reconsideration of your application. You are allowed to submit new evidence to show that the initial decision was not correct. If you are denied at reconsideration, you can then ask an administrative law judge to hold a hearing on your disability application. Hearings are complicated legal proceedings and it is generally advisable that you have an attorney help you with the hearing. If the judge denies your claim you can appeal to the appeals council. The appeals council will review the judge’s decision to see if any mistakes were made. If the appeals council decides not to review your claim you can then file a lawsuit against the Social Security Administration in the United States Federal District Court. Understand that none of these are fast and that you may have to wait for years for your disability benefits. For example, just getting in front of an administrative law judge takes about two years or more.

What Does a Denial Mean? 

Many first-time applications are denied. Don’t be defeated by a denial. Be ready to connect with someone at the Social Security office to help you make another submittal and pick up any new information you may have omitted in your first submittal. Understand that the Social Security Administration wins if you give up on benefits you’re entitled to. Keep fighting.

How Can a Lawyer Help? 

Your Social Security disability application can be filed with the help of an attorney. If you get a denial and you don’t have an attorney you can hire an attorney who can help you appeal the denial. Attorneys help with getting the best information to the Social Security Administration and with building the best case possible.

The attorneys for Social Security disability at Barnes Disability Advocates help clients file applications and appeal denials. We have an experienced team of professionals that can assist you through every part of the disability process, from applying for benefits, to conducting a hearing before an Administrative Law Judge, to appeals to the Appeals Council and in the Federal Courts.

We can assist clients with all types of disabilities, including disorders like depression, anxiety, bi-polar disorder, PTSD, schizophrenia, and intellectual disability and physical disabilities like back pain, breathing disorders, heart conditions, cancer, arthritis, headaches, neck pain, COPD, skin disorders, and seizures. We even help with more difficult conditions like fibromyalgia, chronic fatigue syndrome, and rare or unusual diseases and conditions.

Can My Doctor Help?

Your doctor can assess your Residual Functional Capacity to determine whether or not you can hold a job. This assessment is critical in qualifying for your Social Security disability benefits because it establishes your specific work-related limitations in basic work activities. Your Social Security disability application will need to demonstrate that you are incapable of maintaining any form of employment moving forward. 

Working with a Social Security disability attorney during the initial application process can lessen your chance of being declined and having to fight through an appeal. However, even with a Social Security disability lawyer, your application might be rejected. However, this shouldn’t mean you should give up. With the right guidance, you can get your application reviewed and approved to help you support yourself and your family.

Get results with Barnes Disability Advocates starting today!