If you have both depression and a physical impairment that makes it impossible for you to work, consider hiring a disability lawyer to help you file your Social Security claim , or if your initial claim gets denied, to file an appeal with the SSA. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Lawyer Directory. Call us at 1 Disability Determination for Depression. Social Security has a list of criteria you must fulfill to qualify for disability benefits for depression. 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 decreased energy difficulty concentrating or thinking loss of interest in most activities a slowing of physical movement or increased physical agitation appetite disturbance with weight gain or loss disturbance of sleep insomnia or oversleeping feelings of worthlessness or guilt suicidal thoughts.
Qualifying for Disability Based on Reduced Functional Capacity If you don't qualify under the SSA's requirements for major depression, above, the SSA will next consider your depression symptoms and to what extent they impair your ability to do the usual activities of daily living, and if there is any kind of work you can be expected to do. Medical Evidence Required for Disability Based on Depression Your treating doctor should be able to submit a comprehensive psychiatric report and a well-documented psychiatric medical record showing the history of your depression to the SSA.
The exact SSDI benefits you receive depend on your individual contributions to the Social Security system during your working years. This program is designed to help if you have both a low income and little assets. You must meet the following requirements to qualify:. This amount depends on a variety of factors, though. You might also be eligible for state benefits on top of your SSI.
Medicaid is a federal assistance program providing low-cost healthcare to people with a low income. It covers people with a disability who are able to receive other federal financial assistance. If you meet the above criteria, you may qualify for disability benefits for depression. You may choose to hire an attorney to help prepare and file your application. Just be aware that a percentage of your benefits will then be awarded to your legal representative as compensation.
It can take up to half a year to receive a decision on your application for disability benefits. Many applications for disability benefits are denied by SSA.
If this happens to you, you can appeal the decision in court. It can take up to 2 years to get a hearing. During this time you may consider hiring an attorney to help. Treatment-resistant depression can be a disability that interferes with your ability to maintain a job.
The ADA outlines mental health disorders like depression as potential disabilities that may qualify you for financial assistance, including supplemental income and health insurance. It may be worth talking to an attorney about your individual situation before you begin the application process to help ensure the best possible outcome. It can be difficult to spot someone with high-functioning depression. Applying online is generally the fastest way to apply for benefits, but you can fill out the application at your own speed.
Most individuals filing for SSI only can't file the entire application online, but they can get started on Social Security's website. If you're not comfortable online, you can call Social Security at to start your claim. For more information, see our article on applying for Social Security disability benefits. If you'd like help with your application, or you just can't get started, think about working with an SSDI expert.
Click for a free case evaluation with a legal professional to determine whether your depression is severe enough to qualify for benefits. After you submit your application, your state's disability determination services DDS agency will assign your claim to a claims examiner for review. If your examiner doesn't find enough evidence of your medical condition in your medical records, you may be required to attend an interview or undergo a " consultative mental exam " with an SSA-approved psychiatrist or psychologist to verify your condition.
The process can take several months, but the more evidence and medical documentation you are able to provide, the better your chances of being able to get your claim approved. If you receive a denial letter and feel your case is strong enough to win an appeal, consider contacting a disability lawyer.
Applicants who go to an appeal hearing represented by a lawyer have a better approval rate than applicants who represent themselves.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Call us at 1 Learn how severe your depression must be for you or a loved one to be able to receive Social Security or SSI disability benefits.
Is Depression a Disability? Social Security's Standard Listing for Depression Social Security publishes a list of common, serious illnesses that qualify for disability if they meet the specified criteria. First, a marked limitation in understanding, remembering, and applying information refers to being seriously limited in the abilities to learn, recall, and use information to perform work activities, including in being able to do the following: understand and remember instructions and procedures follow one- or two-step instructions to perform a task identify and solve problems recognize a mistake and correct it ask and answer questions, and use reason and judgment to make work-related decisions.
Second, a marked limitation in interacting with others refers to being seriously limited in the abilities to relate to and work with supervisors, co-workers, and the public, including being able to: cooperate with and handle conflicts with others ask for help when needed initiate or sustain conversation and state your own point of view understand and respond to social cues physical, verbal, and emotional respond to suggestions, criticism, correction, and challenges, and keep social interactions free of excessive irritability, sensitivity, argumentativeness, or suspiciousness.
Third, a marked limitation in concentrating, persisting, or maintaining pace refers to being seriously limited in the abilities to focus attention on work activities and to stay on-task at a sustained rate, including the abilities to: work at an appropriate and consistent pace complete tasks in a timely manner ignore or avoid distractions while working change activities or work settings without being disruptive work close to or with others without interrupting or distracting them sustain an ordinary routine and regular attendance at work, and work a full day without needing more or longer rest periods than allotted.
Finally, a marked limitation in adapting and managing oneself refers to being seriously limited in the abilities to regulate emotions, control behavior, and maintain well-being in a work setting, including the following abilities: respond to demands adapt to changes manage psychologically based symptoms distinguish between acceptable and unacceptable work performance set realistic goals make plans for yourself independently of others maintain personal hygiene and attire appropriate to a work setting, and being aware of normal hazards and taking appropriate precautions.
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