If Youre Fighting Anxiety And Disability Benefits Have Been Denied We Can Help
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.
If you were wrongly denied disability benefits, do not give up. What may seem like a hopeless battle can be fought and won with an experienced and determined legal team at your side.Talk to our attorneys about your claim todayask us questions and get accurate answers, in a free and confidential legal consultation. Wherever you live, we can help.
About Marc Whitehead
Bipolar Disorder As A Disability Under Ssa
When it comes to living with a disability, Social Security provides both Social Security Disability Insurance and Supplemental Security Income .
If youve received a diagnosis of bipolar disorder, the SSA has a 5-step evaluation process to determine if you qualify for benefits.
Youll be asked:
- Are you currently working? As of 2021, earning an average monthly income of more than $1,310 often prevents you from collecting disability.
- Is your condition severe? This means that for a period of at least 12 months, bipolar disorder prevented you from performing basic work tasks such as lifting, sitting, walking, or standing.
- Is your condition found in the list of disabling conditions? Yes, bipolar disorder is included in the list.
- Can you do work youve done previously? SSA will assess your residual functional capacity , or how your condition has affected your work abilities.
- Can you do any other type of work? Being unable to work one type of job doesnt always exclude you from other forms of employment.
You May Like: Can I Go To My Primary Care Doctor For Anxiety
What Do I Do If My Claim Is Denied
The majority of applications are denied, but dont let a claim denial deter you. If you feel you cannot work because of your medical conditions, appeal the denial within 60 days.
Appealing an initial denial moves your claim to the second stage, which is called Reconsideration. Social Security assigns your claim to another disability examiner to reconsider the evidence. Social security may send you reports to complete, or schedule an evaluation with a doctor. It is important to your case that you comply.
The bad news is that most claims that reach the Reconsideration level are denied.
The good news is that if you appeal within 60 days you move to the third level, the Hearing, which is when the majority of applications are approved.
Don’t Miss: What Can I Do To Calm My Anxiety
Starting A Disability Claim
Call the SSA at 800-772-1213 to set up an appointment to fill out an application for SSDI or SSI disability benefits. When you fill out your application, include a detailed description of how your depression affects your daily life, your social functioning, and your ability to concentrate and complete tasks quickly, follow directions, and function, and how often you have episodes of worsening symptoms. 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.
| Take our disability quiz to help you determine whether you qualify for benefits. |
Proving You Cant Do Work With Unique Features
Some disability applicants have done past work that includes unique features. Even a non-severe impairment can sometimes affect an individuals ability to do a job with certain unique features. For example, jobs that require intense focus and concentration, such as heavy machinery operator positions, can be significantly affected by even moderate depression or anxiety. If you think your depression or anxiety interferes with key requirements of your job, you should hire a disability attorney to help you prove this.
For information on how you can prove that your depression and/or anxiety prevents you from doing a job with unique features, see our article on proving you cant do work due to a non-severe impairment.
Recommended Reading: Is Effexor Good For Anxiety
How Anxiety And Depression Are Evaluated
When you apply for disability benefits for anxiety and depression, Social Security Administration officials will evaluate your mental health by reading and reviewing your medical evidence. With this, they will determine the depth and impact of your mental health disorder.
They will also evaluate the severity of your anxiety and depression and your ability to work . SSA officials will also consider:
- Medical evidence: Including your diagnosis, medications, and treatment plans
- Statements: From friends, family members, colleagues, and clergy who know you and have witnessed your inability to function
SSA officials also rate your mental health using the following five-point system no limitations, mild limitations, moderate limitations, marked limitations, and extreme limitations. A Social Security lawyer can help you understand these ratings and evaluations and where your anxiety and depression fit. They can also help you apply for the benefits your current condition entitles you to, or help you keep fighting if your claim for benefits was denied.
Recommended Reading: Essay On Phobia
What Are Episodes Of Decompensation
Episodes of Decompensation are times when the claimant has difficulties in performing activities of daily living, maintaining social relationships, or maintaining concentration, persistence, or pace. If a claimant has frequent, sustained, or extended periods of decompensation, then he or she may qualify for disability.
Each program requires you meet medical eligibility rules as well as program-specific technical and/or financial requirements:
- For SSDI, you must have a work history during which you paid Social Security taxes and accumulated work credits. Most adults who worked even part-time before their depression affected their job will qualify for SSDI benefits.
- For SSI, you must have limited income and other financial resources and assets. There is no work requirement for SSI, but an adult cannot have more than $2,000 saved in resources to qualify for SSI.
Each program pays a monthly cash benefit and offers eligibility for medical coverage through Medicare or Medicaid as well.
Also Check: Can Anxiety Cause Nausea And Vomiting
Our Social Security Attorneys Can Help With Your Claim
All Social Security claims involve what is known as the twelve month durational requirement, meaning the Social Security Administration only makes findings based on limitations caused by impairments which have lasted or are expected to last twelve months or longer. Anxiety can wax and wane. With treatment crippling anxiety can improve to the point of being non-disabling within a year. A Social Security judge will only feel comfortable approving an anxiety case if the claimant has obtained mental health treatment and has still not improved to the point of being able to work. The judge will be interested in the opinion of the treating mental health professional when considering this issue. The strongest case will include an opinion from this professional stating that a patients mental health has improved as much as possible, and the patient is still unable to work. Before making an opinion like this, the mental health professional will need to see a patient put forth a good faith effort in treatment, yet still not experience enough improvement to return to work.
Sometimes I will receive a call from someone who is too anxious to work but not in any mental health treatment. I always tell person needs to seek mental health treatment.
How Can I Prove That I Qualify For Disability
If you apply for disability benefits under Anxiety-Related Disorders, you can prove your case through medical records, letters and reports from your doctor, and your own testimony.
Typically, there are two approaches to proving you qualify for disability:1. Using Social Securitys list of medical conditions and the criteria that prove them .2. Showing that you experience a severe impairment or a combination of impairments that prevent you from working a full-time job.
Read Also: How To Get Rid Of Anxiety In Stomach
Can You Get Disability For Generalized Anxiety
Not all cases of anxiety are severe enough to make an individual eligible for Social Security disability benefits. Disability benefits are available only to those who suffer a severe and “marked” impact on their lives as a result of their disability. For example, a person with moderate anxiety who can still shower and get dressed every day and go grocery shopping and cook meals is probably not going to be eligible for benefits. On the other hand, individuals who experience significant interference with their ability to concentrate, to leave the house for errands, or do other normal daily activities may be able to qualify.
In addition to the requirement that the anxiety is sufficiently severe, the SSA also requires that the disability be a long-term one. This means someone’s inability to work due to anxiety must have lasted 12 months at the time of the application, or it must be expected to last for 12 months.
The SSA provides guidance as to how severe someone’s anxieties or fears must be to make that person eligible for benefits. This guidance is found in the SSA’s listing of impairments, which is a list of covered disabilities. The listing provides details on the symptoms and limitations a person must have for a particular disability to be considered disabling.
What Can Cause Ssdi Benefits To Cancel
While receiving SSDI benefits, your treatment continues simultaneously.
Once recovery is met, people opt for more stable jobs.
Reasons for the cancellation are:
- Medical Improvement
- Going about the Income or Asset Limits
- Turning 18 if one was on the benefits of the parents
- Changes in life situations
You can also secure your SSID benefits along with your work, but to do that, you are required to follow certain rules:
You May Like: How To Help Someone With Anxiety Attack Over Text
Getting Representation Is The Best Thing You Can Do
As Social Security Disability lawyers, we help our clients submit the strongest possible initial claims with the information SSA needs to correctly assess each claimants specific anxiety disorder. If your disability benefits for anxiety have been denied, we can represent you on appeal. There is a four-stage appeals process including a request for reconsideration a benefits hearing an appeal to the SSA review board and finally an appeal to federal court.
The biggest mistake people make after SSDI denials is they dont file an appeal or dont file it in time. The truth is that the majority of applicants that do appeal their case properly, end up winning.
We have helped many clients who suffer from anxiety and other mental health disorders obtain their rightful disability benefits for anxiety disorders. With Marc Whitehead & Associates, you will have a strong advocate on your side.
How To Win Disability Benefits For Anxiety
September 1, 2021 By Jeremy Schooley
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. To prove youre disabled, what do the decision-makers need to see?
If you have been unfairly denied benefits based on anxiety, we have important information to share with you to help you succeed in getting the benefits you need.
Don’t Miss: How To Avoid Anxiety Attacks
What Actually Causes Depression
Research suggests that depression doesnt spring from simply having too much or too little of certain brain chemicals. Rather, there are many possible causes of depression, including faulty mood regulation by the brain, genetic vulnerability, stressful life events, medications, and medical problems.
Talk to your doctor concerning the feasible threat of utilizing these medications for your condition. You may require to attempt several various antidepressant medications before locating one that boosts your signs without causing problematic side effects. For standard info about SSRIs, bupropion, and can you collect social security disability for depression various other psychological wellness drugs, go to the NIMH Mental Health Medications page. Additionally, check out the FDA website for the most current information on drugs, adverse effects, and also warnings. Considering that the 1980s, light therapy has actually been an essential for the therapy of SAD.
Getting A Disability Claim Started
If you cannot function due to an anxiety disorder, you could be eligible for SSI for anxiety benefits. Although disability due to an anxiety disorder can be difficult to prove due to the subjective nature of the diagnosis, working closely with a medical practitioner and a trained Social Security disability attorney or advocate to gather and present the necessary documentation in support of your disability claim can help you present a complete and accurate disability benefits application. Your application should include a thorough analysis of what an episode of anxiety looks like for you, as well as how often you experience them and how they affect your ability to function.
Disability insurance providers have a high level of skepticism when it comes to mental health, or anxiety claims specifically. Claims adjusters will often thoroughly examine medical records to find ways to refute the allegation. This is why someone who has been diagnosed with anxiety or depression should consult with a lawyer.
You can apply for both Social Security disability insurance , which is based on income. Hire a lawyer to help you file a disability benefits for anxiety claim or, if your original claim has already been denied, to file an appeal. The bottomline is that you do not need to suffer from economic insecurity if you have an anxiety disorder or a physical disability that prevents you from performing at an optimum level. Contact us today.
Also Check: How To Ease Anxiety Headaches
Working While Receiving Benefits
If you feel that your situation has changed and you would like to try working again, you will not lose your rights to benefits. In fact, you might have access to additional support.
You may even be able to get help paying for work expenses and vocational training. Given the highly treatable nature of SAD, the offer can be a great incentive to return to the workforce if and when you feel ready.
If you or a loved one are struggling with anxiety, contact the Substance Abuse and Mental Health Services Administration National Helpline at 1-800-662-4357 for information on support and treatment facilities in your area.
For more mental health resources, see our National Helpline Database.
Answer A Few Questions To Check Your Eligibility
Social anxiety disorder, or social phobia, is a chronic mental illness where sufferers experience crippling anxiety when faced with everyday social interactions. Symptoms include difficulty talking and making eye contact, intense fear of interacting with strangers, and the fear of being embarrassed or judged.
Although many people experience these symptoms from time to time, people with social anxiety disorder suffer them to the extent that their daily work, school, and social routines are disrupted. People with social anxiety disorder also experience physical manifestations such as blushing, sweating, fast heartbeat, confusion, diarrhea, and trembling or shaking.
Avoidant personality disorder is similar to social anxiety, but avoidant personality disorder is characterized not only by extreme social inhibition, but also by feelings of inadequacy and sensitivity to rejection.
Social anxiety disorder and avoidant personality disorder can usually be treated, with varying degrees of success, with a combination of medication and therapy.
Don’t Miss: How To Help Someone With Depression And Anxiety
Anxiety Disorder And The Elements Of Listed Impairment 1206
While there are many types of anxiety disorders and symptoms, the SSA has a specific definition for anxiety. The SSA defines anxiety disorder under Listed Impairment 12.06. If you have anxiety, then your medical records will document your symptoms. SSA requires you to have all of following symptoms to meet listing 12.06. The elements of the listing are found below. If you need more information about how to prove the Part B criteria, then read here.
Experienced Ssdi & Ssi Help From Handler Henning & Rosenberg Llc
If you or someone you love is suffering from bipolar disorder and youre interested in finding out if you qualify forSocial Security Disability, youve come to the right place. AtHandler, Henning & Rosenberg LLC, we have decades of experience dealing with Supplemental Security Income and Social Security Disability Insurance applications andappeals in Pennsylvania. We know how these federal programs work and understand how to deal with state agencies as well, such as the Pennsylvania Bureau of Disability Determination , which is responsible for determining if applicants meet the SSAsdisability qualifications.
Bipolar disorder is a serious condition that can affect your ability to work and make a living. Fortunately, you could be entitled toSSDI or SSI.Our attorneys can help you explore your options.
Recommended Reading: How Does It Feel To Have Anxiety
Can Veterans Get Disability Benefits For Anxiety
Yes, the VA considers anxiety to be a disability. Our VA-accredited lawyers handle disability compensation claims for military veterans across the U.S. who must now deal with anxiety and other mental health problems. According to a 2017 paper prepared by the DoDs Deployment Health Clinical Center, anxiety disorders rose dramatically from 2005 to 2016 for active duty servicemen and women.
The VA uses two references to assess anxiety and reach a rating determination:
First, you must have a current diagnosis of anxiety. Next, you must show evidence of an in-service event, injury, or illness. Finally, youll need to provide a medical nexus linking the diagnosed anxiety disorder to the in-service 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.