Yes, depression is considered to be a psychiatric disability according to the Americans With Disabilities Act (ADA). If your depression interferes with your ability to work, you may be eligible to receive Social Security Disability benefits, such as SSDI and SSI. While you can apply for this financial assistance on your own online, the chances of getting your claim approved by the SSA (Social Security Administration) are significantly increased with the aid of a social security disability lawyer and healthcare professionals.
Many valid claims for assistance are denied initially. Marc Whitehead and Associates can thoroughly examine your application for potential red flags and opportunities for building a stronger case. We can work with your doctors and care professionals to get the comprehensive documentation that the SSA is looking for to demonstrate the seriousness of your depression and the disabling effects it has had on your life and work. We can bring in our own trusted vocational and medical experts to support your case. If the process reaches the hearing stage, we are ready to represent you and make sure all of the evidence is clearly and emphatically presented to the Administrative Law Judge.
We’ve worked on successful disability claims for clients with debilitating depression.
We understand how insidiously this mental health disorder can keep you from being your true self and living life to the fullest. We’re here to help you get the benefits you need so that you can focus on your wellbeing without having to worry about making ends meet.
If your depression is keeping you from making a living, keep in mind that the SSA has strict requirements that have to be met before you can receive benefits. Failing to meet even a single requirement can result in a claim rejection. With so much at stake, it makes sense to have a legal professional on your side who has been through this process many times before. Reach out anytime to schedule a free consultation.
Can you qualify for disability benefits if you have depression?
Yes, depression can qualify you for disability benefits. Depression is a mental health disorder that can negatively impact your mood, feelings, thoughts, behavior, eating habits, and sleeping patterns. Depression can severely reduce your energy levels and ability to function day to day, including at a job.
Not everyone with depression will qualify for SSDI or SSI benefits. The SSA only approves claims for people it considers to be suffering from a “total disability,” as opposed to a partial or short-term disability. You will therefore have to show that your depression was severe enough to have kept you out of work for 12 months or more. If your ability to be employed has been significantly limited for over a year, according to SSA guidelines, you can be considered to have a total disability and qualify for benefits.
For a free legal consultation, call 800-562-9830
When does the SSA consider depression a disability?
To qualify for the SSA’s disability benefits, you must have clear medical documentation showing that you have at least 5 of the following symptoms of depression:
- Depressed mood
- Loss of pleasure or interest in most of your activities
- Reduced appetite and weight loss, or increased cravings and weight gain
- Sleeping problems such as insomnia or sleeping too much
- Difficulty thinking or concentrating
- Strong feelings of worthlessness, guilt, or fixating on previous failures
- Tiredness or lack of energy
- Physical restlessness and agitation, or increased lethargy (including in speech)
- Suicidal thoughts
Further documentation will be needed to show that you are limited in at least two of these areas, or severely limited in one:
- Comprehending and remembering information
- Interacting with other people
- Maintaining focus and attention; persisting in a task
- Caring for yourself
It will also help your case if you can show through well-documented medical records that you have suffered from persistent and serious depression for 2 years and have been receiving treatment continuously over that time.
In some cases, an applicant may not be able to meet this extremely high standard of proof, but is still unable to work due to depression. If this is true for you, you may yet be eligible for disability benefits through a Medical Vocational Allowance. Requirements for this exception are complex, so it is in your best interest to consult an attorney to determine if you qualify and to make sure all the criteria is met.
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The unfortunate fact is that approximately two-thirds of Social Security disability benefit applications are denied, including many claims that are fully deserving and backed by documentation. Rejection of a valid claim can put more pressure on someone suffering from depression and can contribute to a downward mental health spiral. The good news is that a claim denial is not the end of the story.
Contact us for a free consultation. We serve clients nationwide.
A social security disability attorney can help you assemble the strongest possible application for benefits, with full and convincing medical documentation meeting the SSA’s stringent requirements. If your claim is initially denied, as many claims automatically are – no matter how valid – we will confidently move forward with the appeals process and give you the highest possible chance of success. Let Marc Whitehead & Associates take the stress and complexity of the application process off your shoulders so that you can focus on your health and well-being.
Call or text 800-562-9830 or complete a Free Case Evaluation form
