Cannon Disability Law > DISABILITY LAW BLOG > Anxiety > ANXIETY DISORDER AND DISABILITY BENEFITS

ANXIETY DISORDER AND DISABILITY BENEFITS

Name: Cannon Disability Law
Item: Cannon Disability Law
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Author: Mary Gathers

GENERALIZED ANXIETY DISORDER AND SSD BENEFITS

Anxiety Disorder is a mental condition that can result in being unable to work. If you cannot work for over 12 months due to anxiety, then you may be able to win SSD benefits. Having some anxiety is normal. Anxiety is normal because it is a normal coping behavior that helps us deal with stress.

When you suffer from anxiety, the symptoms can have a negative impact on your work and home life. You may not want to leave your home. Likewise, you may not want to see your friends or go to work because it causes too much panic. Sometimes, even thinking about doing these activities can create a panic attack.

Those who live with anxiety know what it is like to experience panic attacks. Sometimes those panic attacks have a trigger, but there may be times when they have no known cause. Many people who live with chronic anxiety have to deal with feelings of fear and stress. They may have panic attacks on a daily or weekly basis. If your anxiety prevents you from working, then you should file an application for SSD benefits. Hire our SSD law firm to help you win benefits.

THE FACTS ABOUT ANXIETY DISORDER

Around 40 million adults in the United States, which is about 18% of the population, experience an anxiety condition in any given year. Anxiety was higher for females (23.4%) than for males (14.3%). Almost 31% of people will experience anxiety during their lifetime. However, not all of these people seek or receive formal treatment. About 37% of people who have anxiety receive treatment, which isn’t many considering the number of people who have anxiety. If you are seeking SSD and SSI benefits, then you need to get treatment

Treatment for anxiety can take various forms. Treatment includes therapy, medication, or a combination of both. The exact number of people getting treatment for anxiety depends on factors like whether mental health services are available. For example, many states have community mental health centers or clinics that provide free services or the cost of therapy is based on a sliding scale. Also, there are organizations and charities that offer free or low cost mental health support.

Additionally, some states have programs that provide mental health services to those who have Medicaid benefits. Medicaid benefits are a form of health insurance that covers medical bills for low income individuals and families. Medicaid coverages includes mental health services.

PROVING TO THE SSA THAT YOU HAVE ANXIETY SYMPTOMS

Additionally, physical symptoms can occur. For example, you can have rapid heart rate, muscle tension, and nausea. A panic attack can also cause chest pain. And, you might not be able to breath. You also might feel like you are having a heart attack.

People with severe anxiety will often have panic attacks at work. This prevents them from working a full work day, because they need to go home. Or, they can’t finish their work tasks because they have to take too much time off of work. The same symptoms can also make it difficult for you to deal with other workers, your boss, and customers.

If you have these anxiety symptoms, then you might be able to win SSD benefits. Therefore, if you can’t work for more than 12 months, then apply for SSDI and SSI benefits. Next, seek treatment. We can help you win SSD benefits for your anxiety. However, we can only help you if you are seeing a doctor.

In order to win benefits, you must have medical records that support your claim. Contact us today. We have won SSDI and SSI benefits for more than 20,000 clients.

APPLY FOR SSDI & SSI BENEFITS FOR ANXIETY

If you have anxiety, then there are two types of benefits you can file for under the Social Security program: Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. In order to receive benefits, you must first file an application. You can do this online at Social Security’s website. Below, please find an explanation as to each type of benefit you can apply for if you have anxiety:

Social Security Disability Insurance (SSDI):

SSDI benefits are for those who have worked in the recent past and can no longer work at any job due to a medical condition. The amount of money you will receive from SSDI benefits every month is based on how much Social Security tax you have paid during your work history.

To qualify for SSDI, you must have earned enough “work credits” to qualify. A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The amount of work credits you will need will depend on how old you are when you apply. If you haven’t earned enough work credits for your age at the time you apply, then you will only qualify for Supplemental Security Income benefits.

Supplemental Security Income (SSI):

SSI is a needs based benefit and it is for those people with little to no income, such as children and the elderly. Anyone who makes more than a certain amount of money per month cannot receive SSI benefits. The SSA counts the income of those in your house, not just your income.

If you have a spouse who earns more than $4000 a month, for example, then that income will be the factor in whether you can receive SSI benefits. You cannot qualify for SSI benefits, no matter how severe your anxiety, if you do not meet the income and asset rules for SSI.

DO YOU HAVE THE SYMPTOMS OF ANXIETY DISORDER?

Are you struggling with Generalized Anxiety? Do you suffer from panic attacks? When you leave the house, do you break out into a cold sweat, panic, and have to come home? These are some of the problems with anxiety. It can impair your ability to function in many environments.

Perhaps you are afraid of other people or think they are talking about you. Likewise, you might have a job that requires you to deal with the public. Maybe, you feel that talking to a customer at work will make you panic. Anxiety can impact your ability to work. In fact, you might have left work because you are having a panic attack. If so, then you may be able to win Social Security benefits for anxiety.

People who suffer from anxiety have extreme panic. It makes them unable to function at work and stops them from leaving home. Social anxiety can also interfere with your ability to perform your job duties. If your anxiety stops you from working, you could receive benefits. You should seek treatment and file a SSD claim.

For example, you could get treatment from a counselor. You can also see a nurse or doctor. They can give you medication. If you can’t afford private therapy, then there is group therapy. Finally, if you cannot afford therapy, then we have a list of free and low cost health clinics on our website. Choose your state and call the free clinic for mental help:

THE DIAGNOSIS OF ANXIETY DISORDER

If you have severe anxiety, then you should see a psychiatrist who is an expert in treating mental health. They can give you medications to treat your anxiety. A psychologist is another kind of doctor. They can provide weekly or monthly therapy.

In order to determine if you have anxiety, your doctor may:

Perform a psychological exam. This kind of test is done by asking you many questions about your anxiety. The doctor will also ask about your thoughts and behaviors. Also, the doctor will probably ask you about your life and if there have been any recent changes. The doctor will also ask how anxiety effects your life.
Determine if your symptoms are in the DSM-5. Many doctors use the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) to diagnose anxiety. The DSM-5 is written by the American Psychiatric Association and contains the various forms of mental health conditions. Even when certain symptoms or understanding of a mental illness changes, most doctors use the DSM-5.

TREATMENT FOR ANXIETY DISORDER

COUNSELING

Counseling means talking to a counselor about your anxiety. Hopefully, working with a counselor will give you skills to deal with panic attacks. Also, talking can help reduce anxiety symptoms. Sometimes, people find that the combination of talk therapy and a low dose of medication, helps the severe symptoms of anxiety.

Another type of therapy that treats anxiety is Cognitive Behavioral Therapy (CBT). CBT is known to be effective for treating anxiety. CBT focuses on teaching you specific skills to improve your anxiety symptoms. Also, it helps you face the events or triggers that cause your anxiety.

PRESCRIPTION MEDICATIONS

Medications can help relieve anxiety symptoms. Some of the medications that are used for anxiety are also used for depression. You should ask your doctor to give you the best medications for your medical condition. Also, do not be surprised if you have to try a number of medications to find the right one. This is often the case. However, if you can find the right medication, it will help. Keep this in mind:

Antidepressants can also be used to treat anxiety.
In some cases, your doctor may give you medications. These medications offer short term relief of anxiety symptoms and are not intended to be taken for a long time.

The treatment you receive for anxiety, from your doctor or counselor, will produce the medical evidence that you need to win benefits. Every time a doctor meets with you they write progress notes. Those progress notes explain your symptoms, your treatment, and how you respond to treatment. Learn about the importance of medical records to your SSD case. Medical evidence is the most important evidence you can submit to the SSA. Make sure you are getting and following a treatment plan. Then, make sure the SSA gets your records.

ANXIETY DISORDER AND SSA LISTING 12.06

While there are many types of anxiety conditions, the SSA has a specific rules to win benefits for anxiety. The SSA defines anxiety under Listing 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. Read about how to prove the Part B rules to the SSA. Additionally, learn how to meet the Part C criteria.

LISTING 12.06 FOR ANXIETY

12.06 Anxiety and obsessive-compulsive disorders with Parts A and B, or Parts A and C:

Medical records of the requirements of paragraph 1, 2, or 3:
1. Anxiety disorder, with three or more of the following;
  1. Restlessness;
  2. Easily fatigued;
  3. Difficulty concentrating;
  4. Irritability;
  5. Muscle tension; or
  6. Sleep disturbance.
2. Panic disorder or agoraphobia with one or both:
  1. Panic attacks followed by a persistent concern or worry about additional panic attacks or their consequences; or
  2. Disproportionate fear or anxiety about at least two different situations (for example, using public transportation, being in a crowd, being in a line, being outside of your home, being in open spaces).
3. Obsessive-compulsive disorder with one or both:
  1. Involuntary, time-consuming preoccupation with intrusive, unwanted thoughts; or
  2. Repetitive behaviors aimed at reducing anxiety.

AND

Extreme limit of one, or marked limit of two, of the following areas of mental functioning:
1. Understand, remember, or apply information.
2. Interact with others.
3. Concentrate, persist, or maintain pace.
4. Adapt or manage oneself.

OR

Your mental condition in this listing is “serious and persistent;” that is, you have a medical history of the existence of the anxiety over a period of at least 2 years, and there is evidence of both:
1. Medical treatment, mental health therapy, psychosocial supports, or a highly structured setting that is ongoing and that diminishes the symptoms and signs of your mental condition; and
2. Marginal adjustment, that is, you have minimal ability to adapt to changes in your environment or to demands that are not already part of your daily life.

FIVE TYPES OF ANXIETY DISORDERS

While not all of the following anxiety conditions are under listing 12.06, they are still in SSA’s rules. For example, PTSD is under listing 12.15. All of these anxiety conditions can impact you in the work environment. The five major types of anxiety conditions are:

Generalized Anxiety Disorder (GAD)
Generalized Anxiety is a form of anxiety with symptoms of chronic anxiety, worry and tension. You experience these symptoms even when there is no reason to for it.
Obsessive Compulsive Disorder (OCD)
Obsessive Compulsive Disorder, OCD, is a form of anxiety where you have constant thoughts you can’t control. These thoughts result in repetitive behaviors. These behaviors can be, for example, washing your hands 40 times a day. Likewise, it could be counting, checking, or constant cleaning. Some people count or wash their hands over and over again to lower their anxiety. However, trying not to repeat actions can increase anxiety.
Panic Disorder
Panic is when you experience unexpected episodes of intense fear. These panic events come along with physical symptoms. For example, you may get symptoms such as chest pain, a racing heart, and become short of breath. You may also experience feeling dizzy or abdominal pain.
Post Traumatic Stress Disorder (PTSD)
Post Traumatic Stress Disorder develops after trauma. Traumatic events that may trigger PTSD include violent assaults. For example, other events may be natural disasters, severe accidents, or military combat.
Social Phobia or Social Anxiety Social Phobia is a condition where the person has severe anxiety and stress during everyday social situations.

RESOURCES FOR ANXIETY DISORDER

If you need more information about anxiety, then below you will find more resources. Additionally, you may be able to take part in a medical trial. Also, there are options for finding a counselor and getting mental health treatment. See below:

MedlinePlus (National Library of Medicine)
(En Español: Medline Plus in Spanish

For information on trials, visit: ClinicalTrials.gov
(En Español: Investigación Clínica)

For more information on conditions that affect mental health, resources, and research, visit the National Institute of Mental Health website.

National Institute of Mental Health (NIMH)
Office of Science Policy, Planning, and Communications
Science Writing, Press, and Dissemination Branch

6001 Executive Boulevard
Room 6200, MSC 9663
Bethesda, MD 20892-9663
Phone: 301-443-4513 or
1-866-615-NIMH (6464)
TTY: 301-443-8431 or
1-866-415-8051 toll free

Fax: 301-443-4279
Email: nimhinfo@nih.gov
Website: National Institute of Mental Health

Remember, these resources can help with your anxiety and help you deal with your symptoms. Also, these resources can help you build a medical record to support your SSDI and SSI claim.

HOW TO FILE YOUR SSD APPLICATION FOR ANXIETY

To file an application for SSDI and SSI benefits, you either call the SSA at 1-800-772-1213 or file an application online. It is easy to file an SSD application on the SSA’s website. When you file your SSDI application, make sure you include a good description of your anxiety symptoms. Also, make sure to file your application as soon as possible after you stop working.

Many people think that they can get benefits for all of the years that they have had anxiety. This is not true. SSDI & SSI benefits are tied to the date that you file your application. SSI benefits start on the date of your application. It is possible for SSDI benefits to go back one year prior to the date of application, if you were not working and can prove you could not work. Therefore, if you do not file your application quickly, then you are losing out on benefits. Find out about past due SSD benefits.

You will also want to write about how your medical condition affects your daily life. For example, anxiety may impair your ability to make decisions, focus, and complete tasks, especially at work.

Make sure that you explain how often you have panic attacks. Write about how long your panic attacks last. If you lost a job due to your panic attacks or other mental symptoms, then tell the SSA. Also, do not forget to discuss other mental symptoms, such as being unable to sleep, chronic fatigue, and thoughts of suicide.

Additionally, if you also have a physical condition that impacts your ability to work, include it on your application. For example, if you have a back condition, then tell the SSA. Don’t focus on one medical condition and exclude the others.

HIRE US TO HELP YOU WIN SSDI & SSI BENEFITS

The symptoms of an anxiety can be hard to prove. Therefore, many people who file Social Security applications for anxiety are denied after they apply for benefits. In fact, only 30 percent of initial SSD applications are paid without the need for an appeal. The remaining 70 percent of people must go through the appeals process in order to win benefits.

The appeals process includes three steps. First, there is the initial application. If you lose there, you can request a new review. Finally, the third step is to request a hearing. Find out what happens at the hearing.

You should not go to a hearing without an attorney. At the hearing, the judge is likely to call witnesses to testify. For example, the judge may call a vocational expert (VE) or a medical expert (ME). The ME is there to testify about your medical records. Likewise, the VE is at the hearing to testify about your past work. Also, the VE will testify about your ability to do other jobs in the national economy.

In order to win your case, you have to question these experts. This is a job for an attorney. One who has experience in Social Security Disability law. Don’t leave your future to chance. Hire an attorney to help you.

THE MEDICAL EXPERT CAN TESTIFY ABOUT ANXIETY

Medical Experts (ME) often testify at Social Security hearings. The ALJ calls them to review your mental health records for anxiety. Also, they explain your other medical conditions to the judge. Your attorney can request that an ME testify in court. This is, however, mostly done in complex medical cases.

The medical expert who appears at the hearing is not your treating doctor. The doctor at the hearing must have never met you before. Because, the medical expert is there to give testimony about your medical records and should not be in favor of either side of the case.

Usually, the ME comes to the hearing. However, they can also testify by video or by telephone. It is also possible for an ME to answer written questions after the hearing. The judge sends written questions to the expert. The MEs answers require review and possibly filing objections. If you do not know how to do this, then hire an attorney. Do not make the mistake of failing to prepare for the medical expert.

ANXIETY SSD BENEFITS & THE VOCATIONAL EXPERT

The VE is also an expert witness, just like the medical expert. Normally, the Social Security Judge calls a VE to testify at the hearing. The Judge will ask the VE about jobs that are available to you based upon your residual functional capacity (RFC). VEs have training in placing people in jobs. They also understand the numbers and types of jobs that exist in the nation. They are at the hearing in order to answer questions about jobs in the national economy.

Once the Judge asks you questions about your medical conditions, she will decide what you are capable of doing during an 8 hour work day. The SSA calls this your RFC. Therefore, your answers to the questions at the hearing are very important. They are just as the important as the medical records you submit.

The Judge listens to your hearing testimony and the takes the symptoms from your medical records to determine how your anxiety symptoms will impact you on the job. At the end of your hearing, the Judge will ask the VE questions. Likewise, your attorney will ask questions. If you do not know how to question the VE, then you should hire an attorney.

WHAT WE DO TO HELP YOU WIN SSD BENEFITS FOR ANXIETY DISORDER

You do not need to try to win SSD benefits on your own. Cannon Disability Law can help file your SSD application. Also, we can help you file an appeal after every SSA denial. That way, you can focus on your health. Our attorneys and staff can:

Send you the paperwork you need to become our client
Help you file your application for SSD and SSI benefits
Inform the SSA to pay your benefits under the Compassionate Allowance Rules
Request an appeal if you get an initial denial
Help you confirm your free SSA doctor exam
Request a Hearing with an Administrative Law Judge (ALJ)
Prepare you to testify at your ALJ hearing
Represent you at your hearing and question the expert witnesses
Read about job expert testimony
Learn about medical expert testimony
Request review of an SSA decision with the Appeals Council
Request review of an Appeals Council denial in Federal Court

If you file your application for benefits online at Social Security’s website, then you have 6 months to complete the application. Once you submit your application online, the SSA sends you an application summary in the mail. You must sign the summary and mail it back.

Additionally, once you receive a denial from the SSA, you have 60 days to file an appeal. You must meet the time limit set by the SSA. If you do not, then you will have to start the process over again. That means you will lose any benefits you could receive on any prior application.

WHAT DOES IT COST TO HIRE OUR LAW FIRM?

Another important factor to consider is what it costs to hire an attorney. At our law firm, you do not pay an attorney fee until we win your case. The attorney fee comes out of your back benefit. If we do not win your case, then there is no back benefit. Therefore, you will not owe an attorney fee.

How much is the attorney fee? It is 25% of your back benefit. But, the fee is capped at $7200 right now. In November 2024, the fee cap will go up to $9200. The SSA raises the attorney fee cap every few years. You do not pay more than the cap. If you win, then you will pay either 25% of the back benefit or the fee cap. You pay whatever amount is less. For example, if your back benefit is $100,000, our attorney fee would be $7200, not $25,000. Or, if your benefit is $10,000, then you would pay 25% of the back benefit. That would be $2500.

If there are costs in your case, then you pay for those costs. However, the costs are minimal. For example, you must pay for a copy of your medical records. The medical records cost is whatever your doctor charges for them. You owe costs whether we win or lose your case. But, to hire most lawyers, you have to pay a fee upfront. That doesn’t happen when you hire our law firm to help you win SSD and SSI benefits for anxiety. Learn about attorney fees in SSD cases.

WHAT WILL IT COST YOU IF YOU DON’T HIRE THE RIGHT LAWYER?

What will it cost you if you don’t hire a lawyer with the legal experience to win your benefits? For example, if you win benefits at 50 years old, then you will be paid for the next 17 years. You may also win two of years of past due benefits. On the line, if you are 50 years old, is 19 years of SSD payments.

Nineteen years is is 228 months. At $1200 a month (which is a lower than average monthly benefit amount), that is $273,600. Additionally, you will win a higher retirement benefit after the age of 67. Let’s say the average higher retirement benefit is $300 a month and you live to be 90 years old. That is another $82,800.

It costs 25% of your back benefit OR $7200 ($9200 after November 2024) from your back benefit to pay your attorney. You pay us whatever is less and only if you win. If you win your case, then your attorney has just won you $356,400, plus early Medicare benefits. You attorney will be paid the fee cap amount and you will be paid $349,200.

All attorneys charge the same fee. So, you can go it alone and not hire an attorney, but chances are you will not win your benefits. Or, you can hire an attorney with over 30 years of experience for the same price as an attorney with no experience. If you hire us, then your chances of winning go up by 30%. The choice is yours. But, we hope you can see that the cost of a lawyer with 30 years of experience is worth it.

GET LEGAL HELP TO WIN ANXIETY DISORDER BENEFITS

If you need help filing for SSDI or SSI benefits, then hire an attorney to help you. At our law firm, we help you apply and appeal any SSA denial you receive. You only have 60 days to appeal an SSA denial. So, don’t delay in calling our office. You do not want to miss the appeal 60 day time limit. We can answer your questions over the phone at no cost to you. We will give you advice on how to appeal.

It is always our goal to win benefits for our clients. In order to win your case, you will need mental health treatment. Seek help from a counselor. Also, get mental health treatment from a psychologist. Have your doctor give you medications to treat your condition. If you don’t have health insurance, then review our list of free and low cost mental health sources. We have won over $100 million in ongoing and back due SSD benefits for our clients. Put our experience to work for you. Hire the best SSD legal team.

You can hire us for no upfront fee. This type of fee means we do not charge you an attorney fee until we win your case. If we do not win your case, there is no attorney fee. Therefore, if you don’t win, we don’t get paid. You can find information about attorney fees in SSDI and SSI cases.

Most attorneys charge an attorney fee, whether the attorney wins or loses your case. We don’t work like that. You have nothing to lose by hiring us. You only have benefits to gain. Likewise, we offer a free review of your case. Call today. See how our legal experience can help you win your anxiety disorder case.