If Your Claim for Anxiety Disability is Denied
Individuals suffering from anxiety disability face each day as a challenge. Because anxiety is difficult to medically and objectively measure, victims of anxiety disorders are often denied when they attempt to claim disability benefits.
Many of the people we help suffer from anxiety disorders, fighting desperately to make sense of their lives.
If anxiety has taken over your life and you are unable to work, you need to speak to an attorney who is completely focused on representing disabled individuals in disability claims. If you have questions, request a free consultation with a lawyer – discuss your anxiety disability with Marc Whitehead today.
Different kinds of anxiety disorders exit: Generalized anxiety disorder (GAD), panic attacks, obsessive-compulsive disorder (OCD), posttraumatic stress disorder (PTSD), and phobias.
Anxiety may be a person’s main disturbance. Anxiety may also be the result of a person trying to overcome symptoms. For example, when someone with a phobic disorder tries to confront their terrible, yet irrational, fear of a situation or object, or when someone with OCD attempts to resist their obsessions or compulsions – severe anxiety results.
Getting Long Term Disability Insurance Benefits for Anxiety Disorders
In our practice, we routinely deal with long term disability insurance carriers who deny claims for anxiety disability. The insurance company may disagree with your doctor’s diagnosis as one of many tactics to avoid paying disability benefits. Instead, they have their own physicians or psychiatrists working for them who will find that you are able to work.
To make a mental health claim on your disability insurance policy, it is crucial that you are able to show that the severity of your condition prohibits your ability to work. Your disability policy may have a clause that specifically describes claims for mental disorders.
LTD policies frequently try to enforce a 24 month cap on mental impairments. If they have awarded short-term disability, when it runs out they may claim you are able to return to work, or otherwise no longer qualified for benefits.
Lawyers who are not familiar with disability insurance – both private and group disability policies – rarely understand all that has to be proved, the timeframes that must be followed, and what the insurance companies are up to, in order to successfully appeal and win a denied claim for anxiety-related disability benefits.
Social Security Disability Insurance for Anxiety Disability
Anxiety is listed in the Social Security Listing of Impairments under Mental Disorders, listing Section 12.06, Anxiety-related Disorders.
The Listing of Impairments has multi-part requirements one must meet in order to be eligible to win disability for anxiety. Several criteria must be met, at certain levels of severity.
As part of their assessment, Social Security will examine whether your anxiety disability results in a complete lack of ability to function independently outside of your home. They will assess your overall ability, or lack of ability, to carry out basic work-related activities. You must be able to show that your symptoms will last at least 12 months.
It is very important that you have medically documented findings of your diagnosis and symptoms, with a precise description of the job duties that produce anxiety. The documentation must report the level of inability to
- perform normal activities of daily living
- interact socially
- concentrate for longs periods
- function intellectually
Testimony of friends, co-workers, employers and social workers regarding your performance and behavior are also considered.
To maximize your chances of winning a Social Security Disability claim appeal, it is critical to use appeal attorneys experienced and knowledgeable with the process. Our attorneys are board certified in Social Security Disability. We are here to help you gather and prepare all of the necessary documentation, give you unquestionable support, and present your case in the most advantageous way to win the SSDI benefits you deserve.
Veterans with Anxiety Disability
Many Veterans return home from serving their country, only to live with a multitude of disabilities. Prevalent among these are psychological injuries, and anxiety is among the most notable.
Claims for mental disorders are routinely underrated by the VA, either because evidence supporting the severity of the disorder was insufficient, or because the VA disregarded the evidence of the severity of the disorder.
The VA uses their Schedule for Rating Disabilities when determining disability compensation. Anxiety is listed under Mental Disorders sections 4.125-4.130 for Anxiety Disorders. These conditions include generalized anxiety disorders, phobias, OCD, unspecified neurosis, posttraumatic stress disorder, and panic disorder or agoraphobia. The rating shows the percentage loss of use of a body part, and compensation is based on this assessment.
If the VA denies your claim for anxiety disability, or if you disagree with the VA disability rating, act quickly to protect your rights. Marc Whitehead & Associates are accredited Veterans claim attorneys. We can help you appeal an unfair denial and ensure your claim is properly supported and represented.
We Can Help
Marc Whitehead & Associates welcomes your call. The most important thing you can do is not give up, but let qualified attorneys help you fight for every penny you deserve.
Ask a question to a lawyer about your anxiety disability now and call us toll free at 800-562-9830.