To win disability benefits for anxiety, you will have to prove that your condition severely limits your ability to work and perform daily tasks. Depending on the situation, you may need a formal diagnosis, records showing you have received consistent treatment from a mental health professional, and other documentation to support your benefits request.
Profound anxiety can be as disabling as any physical illness. Claims filed requesting disability benefits for anxiety can be among the toughest claims to win. Even if you file a claim for benefits, your request could be denied. Thankfully, legal help is available in the form of anxiety Long Term Disability lawyers.
Your Long Term Disability attorney knows how frustrating it is to receive a claim denial. They can evaluate your benefits request and denial letter. From here, your lawyer may help you file a formal appeal.
Anxiety Disorders are Among the Most Claimed Disabling Conditions in the United States
These disorders are characterized by chronic and excessive worry about day-to-day problems. Symptoms, complications, and treatment may make it difficult for you to work and earn a living. Fortunately, those suffering from anxiety may be eligible for important forms of disability benefits.
You may be eligible to win disability benefits for anxiety under federal programs administered by the Social Security Administration (SSA) and the U.S. Department of Veterans Affairs (VA). Outside of these programs, you may be able to file a claim under an individual disability policy or an employer-sponsored long-term disability plan.
Of course, if you believe that your disability benefits for anxiety were wrongly denied, you could have grounds for an appeal. Consult with a Long Term Disability Lawyer who will give your case their personal attention. Your attorney will stand up for you and, if necessary, legally intervene to help you overturn your denial and secure benefits.
For a free legal consultation, call (800) 562-9830
Why are Disability Benefits for Anxiety Often Denied?
You may apply online for disability benefits from the SSA and feel you have a strong case for compensation based on your panic attacks and other symptoms. Regardless, the SSA could deny your Social Security Disability (SSD) claim due in part to the subjective nature of anxiety disorders.
Ultimately, it can be tough to quantify the impact of anxiety on your life and employment. With few exceptions, visual-based medical imaging tests like MRIs, CT scans, X-rays, PET scans, and ultrasounds can’t decisively document the disorder’s existence. Claims examiners may base their decisions on treatment notes from psychologists, psychiatrists, and other therapists.
Meanwhile, if you file a VA disability claim for an anxiety disorder, Veterans Affairs may look at medical evidence relating to your mental health condition and other information provided by mental health professionals. Yet, if there are doubts about the severity of your condition and how it’s affecting your capacity to work, the VA may deny your claim.
How Can I Win Anxiety Disability Benefits from Social Security?
To receive Social Security Disability Insurance (SSDI) benefits for anxiety, you generally must show that your medical condition prevents you from engaging in substantial gainful activity under SSA rules. This means that you’ll have to show that your impairment renders you unable to perform gainful employment.
The SSA follows a five-step sequential evaluation process. Basically, you will have to prove that you meet the SSA’s stringent medical criteria as listed in its Listing of Impairments or its medical-vocational guidelines. The SSA Listing deals with mental disorders that have anxiety as the essential feature.
The spectrum of disorders that the SSA evaluates includes social anxiety disorder, panic disorder, illness anxiety disorder, generalized anxiety disorder, phobic disorders, such as simple phobia, social phobia, and agoraphobia, and obsessive-compulsive disorder (OCD).
Does Your Condition Meet or Equal the SSA’s Medical Listing for Anxiety?
Talk with a nationwide disability lawyer if you have filed a Social Security Disability claim with the Social Security Administration for anxiety and your benefits request has been denied. At this point, your lawyer may look at whether your symptoms “meet or equal” the criteria detailed in the table below:
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A. Medical documents of the requirements of paragraphs 1, 2, or 3 |
B. Extreme limitation of one, or marked limitation of two, of the listed areas for mental functioning |
C. Your anxiety is “serious and persistent,” and you have a documented medical history of the disorder being present for a minimum of two years, and there is evidence of both |
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1. Anxiety disorder characterized by three or more of the following: • Restlessness • Easily fatigued • Difficulty concentrating • Irritability • Muscle tension • Sleep disturbance |
Ability to: • Remember, understand, or apply information • Interact with others • Concentrate, persist, or maintain pace • Adapt or manage oneself |
• Medical treatment, mental health therapy, psychosocial support(s), or a highly structured setting(s) that’s ongoing and may reduce the symptoms and signs of your mental disorder • Marginal adjustment, which means that you have minimal capacity to adapt to environmental changes in or to demands that aren’t currently part of your everyday life |
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2. Panic disorder or agoraphobia that is characterized by one or both: • Panic attacks that are followed by a persistent concern or worry about additional such instances or their consequences • Disproportionate fear or anxiety about a minimum of two different situations (such as using public transportation, being in a crowd, standing in a line, going outside of your home, or entering open spaces) |
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3. Obsessive-compulsive disorder, characterized by one or both: • Involuntary, time-consuming preoccupation with intrusive, unwanted thoughts • Repetitive behaviors aimed at reducing anxiety |
In reality, few anxiety disability claims prove disability to the extent that the medical listing is satisfied. However, these same claimants often succeed in winning disability benefits for anxiety through the combination of medical and vocational factors. The SSA calls this the medical-vocational allowance.
Does Your Anxiety Disorder Fulfill the SSA’s Medical-Vocational Allowance?
When you can’t meet or medically equal a listing, the SSA will evaluate your residual functional capacity (RFC), which is determined via mental and/or physical assessments. Social Security Disability attorneys can provide insights into total vs. residual disability analysis relative to your denied claim. They may advise you to submit various proof to contest your denial, such as:
- Mental health case files
- Written statements from your psychiatrist, mental health counselor, or mental health therapist
- Mental health records as well as physical health records and other medical records
- Written testimony from co-workers, family, and friends that explain how your disorder is impeding your ability to function
- Your personal account to a qualified mental health specialist of how your disorder affects your life on a daily basis
- Evidence of ongoing, long-term treatment as prescribed by your doctor, including medications, counseling, therapy, and other regular treatments
In many instances, Social Security Disability lawyers help clients provide the SSA with information it needs to assess their anxiety disorder. If you do not win your initial benefits claim, your attorney may help you with a request for reconsideration, a benefits hearing, an appeal to the SSA review board, or a federal court appeal.
Can Veterans Win Disability Benefits for Anxiety Disorders?
The VA considers anxiety to be a disability. VA-accredited lawyers handle disability compensation claims for military veterans across the United States who must now deal with a wide range of mental health problems relating to their service time.
Get legal help if you are a veteran who wants to request disability benefits for an anxiety disorder. Before you start the claims process, your lawyer will encourage you to receive a current diagnosis. Next, you will have to show evidence of an in-service event, injury, or illness and provide a medical nexus linking your mental disorder to this event.
Service connection for anxiety may also be established on a secondary basis. This occurs when another condition, such as tinnitus, chronic back pain, or migraines, aggravates or causes your anxiety symptoms.
What are VA Disability Ratings for Anxiety Disorders?
Veterans Affairs disability ratings for anxiety can range from 0%, 10%, 30%, 50%, 70%, or 100% depending upon the frequency, severity, and duration of your symptoms. The VA may underrate claims for mental health disorders, either because the evidence supporting the severity requirement was insufficient, or the agency disregarded the evidence supporting the severity.
If you are not satisfied with your rating decision or need assistance with your claim, remember, you have access to comprehensive legal guidance and support. Speak with Veterans Affairs disability benefits claims lawyers, and they may help you dispute the VA’s rating of your anxiety disorder.
Your VA disability benefits claims attorney can look for ways to help you connect your anxiety symptoms to your time in the military. In addition, they may assist you with preparing for C&P exams. Or, if your Veterans Disability claim has been denied, your attorney may walk you through the appeals process and help you make informed decisions at each stage.
What to Do if You Don’t Win Disability Benefits for Anxiety from the VA
Typically, you have up to one year from the day that you receive a denial letter from the VA to appeal your denied claim. Your Veterans Disability benefits attorney can explain the options for appealing your denial. These options include:
- Supplemental claim: With a supplemental claim, you can provide the VA with new and relevant evidence that the agency previously didn’t review as part of your application.
- Higher–level review: This may be a viable option if you believe that the VA made a clear error and you don’t have new evidence to submit. With this option, a senior reviewer will evaluate your case.
- Board appeal: A Veterans Law Judge at the Board of Veterans’ Appeals (BVA) can examine your case. The judge may assess the evidence you previously submitted and new proof, and a hearing may be held before a decision is made.
Leave nothing to chance in your disability case. Partner with attorneys who have relevant experience with appealing denied VA claims. Your lawyer will allocate the time and resources to build an argument that makes it clear why your claim denial should be reversed. Plus, they may provide legal tips that serve you well for the duration of your case.
Tips to Help You Win Benefits for a Disabling Anxiety Disorder
Winning a Social Security Disability or Veterans Disability claim for anxiety requires a strategic and well-documented approach. Here are tips that may help boost the likelihood that the SSA or VA approves your benefits request:
- Prioritize your medical records. Gather treatment records and other medical records that highlight your functional limitations.
- Retrieve third–party evidence. Collect proof relating to your work history, work activities, and substantial gainful activity. For Veterans Disability claims, obtain evidence that shows how your condition is related to your service time.
- Meet the SSA’s Blue Book listing. File a Social Security Disability benefits request if you believe that your condition meets the criteria defined in Section 12.06 of the SSA Blue Book. You will have to provide medical evidence addressing both the required symptoms and the applicable functional limitations described in the listing.
- Remain accessible. Track your claim status and respond to any requests for additional information promptly.
The application process for SSA and VA claims may be overwhelming. If you make a mistake during this process and have your claim denied, now may be the time to ask for help from disability lawyers. Then, your attorney can detail what an appeal will entail and help you begin the appeals process.
Learn More About How to Win the Disability Benefits That You Want for Your Anxiety Disorder
Anxiety in the workplace is widespread, and when it is chronic, it can become a crippling illness. While anxiety is such a prevalent disability, it is also one of the most difficult to prove, particularly for those requesting benefits for it from the Social Security Administration or Veterans Affairs.
Marc Whitehead & Associates has a legal team in place with 120 years of combined experience. Our lawyers know the challenges that can come up with requests for disability benefits for anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health conditions. If you want to win disability benefits from the SSA or VA, we are here to help.
Our attorneys can review your anxiety disability benefits case and describe your legal options. If your benefits request has been denied, we are ready to appeal on your behalf. To find out more, schedule a case consultation.
Call or text (800) 562-9830 or complete a Free Case Evaluation form