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DISABILITY BENEFITS FOR DEPRESSION – LISTING 12.04

DEPRESSION IS A DISABILITY

Disability benefits for Depression are available if your symptoms are severe under SSA’s Listing 12.04. If your depression prevents you from working for over 12 months, then submit an application for Social Security Disability Insurance (SSDI) & SSI benefits. Learn about how to file an application here.

There are two types of SSA benefits:  Social Security Disability Insurance benefits and Supplemental Security income benefits (SSI). If you are unable to work, then the SSA should pay you benefits. The SSA pays a monthly payment that replaces your income from work.  However, the monthly SSD payment amount is based on your past income. SSD benefits come with Medicare. Learn more about Medicare benefits here.

Supplemental Security Income (“SSI”) benefits are different than Social Security Disability (“SSD”) benefits. SSI benefits are a “supplement” to SSD benefits, paid to you if your monthly SSD benefit is a low amount of money.

It is also a benefit you can receive if you have never had a job or even if you have only worked for a short period of time. In order to be paid SSI benefits you must meet SSA’s rules. SSI benefits, however, come with Medicaid benefits which provides health insurance. However, you must meet your state’s Medicaid income and asset restrictions. Read more information here about Medicaid benefits.

WORK CREDITS AND ELIGIBILITY FOR SOCIAL SECURITY DISABILITY BENEFITS

To win benefits for depression, you must have earned enough work credits to qualify. You must have held a job in the past ten years where you paid taxes into the Social Security system. The number of Social Security work credits you need to earn is based on your annual wages and your age.

The amount of income required to earn a work credit changes every year. However, it is not very high. Every year of work earns a maximum of 4 credits per year. One for each quarter of work.

The number of work credits you need to qualify for SSDI varies depending on the age you are when you file for benefits. You can review your work history to find out how many work credits you have. In order to review your work history, create a MySSA account on Social Security’s website. It only takes about five minutes to create an account and then you have access to your personal work information.

You may already know that Depression can impact your ability to work. Likewise, mental symptoms can make it difficult to concentrate at work. The symptoms can interfere with your ability to be on time. Also, they can make you call in sick to work. You may have already been fired from your job.

To get Social Security Disability benefits, you will need ongoing treatment for your major depression. Ongoing treatment and being unable to recover from Depression is the evidence that will prove your case to the Social Security Administration. Remember, the burden to prove disability is on you. Therefore, make sure you submit all of your medical records to the SSA.

WARNING SIGNS OF DEPRESSION

Depression carries a high risk of suicide. Thoughts of suicide or suicidal intentions are serious. The warning signs of depression include:

  • Switching suddenly from sadness to being very calm
  • Talking or thinking about death on a daily basis
  • Loss of interest in activities or things you did before
  • Ongoing trouble with sleeping at night
  • Risky behavior that could result in death, such as speeding through red lights
  • Making comments about being hopeless or worthless
  • Putting your legal affairs in order
  • Talking about suicide with friends and family

If you see these warning signs in yourself or others, you should call your local suicide hotline. Additionally, you should contact a mental health professional and seek treatment. If you can’t afford to pay for mental treatment, we have a list of free and low cost mental health professional here to help you. If all else fails, visit the closest emergency room.

HOW TO GET DISABILITY BENEFITS FOR DEPRESSION 

There are a number of forms of depression. For example, there is circumstantial depression. This can occur if you lose or loved one or go through a divorce. Typically, these kind of symptoms are temporary and will not prevent you from working on a long-term basis.  The kind of depression that results in disability is long-term depression. It is also known as clinical major depression.

Long-term, chronic mental symptoms may start with a difficult life event, like a divorce. However, unlike circumstantial depression, once the event is over the symptoms continue. The symptoms prevents you from working. And, they can even stop you from doing your daily activities at home.

women with depression needs disability benefits in Utah and Nevada

In order to receive benefits for depression, you will need to file an application. You will also need to show that you meet or equal the elements of listing 12.04.

Listing 12.04 is what the SSA uses to determine the symptoms and severity of your depression. If you depression is severe it will prevent you from doing your daily activities, interacting with other people, and your return to work. You can apply for disability benefits, including SSI benefits, online at the Social Security Website.

IS DEPRESSION A DISABILITY?

LISTING 12.04 – BENEFITS FOR DEPRESSION

This is the Social Security listing for Depression. There are three parts to the listing. In order to meet the listing, you must have part A and B or part A and C.

12.04 Depressive, bipolar and related disorders, satisfied by A and B, or A and C:

  1. Medical documentation of the requirements of paragraph 1 or 2:
    1. Depressive disorder, characterized by five or more of the following:
      1. Depressed mood;
      2. Diminished interest in almost all activities;
      3. Appetite disturbance with change in weight;
      4. Sleep disturbance;
      5. Observable psychomotor agitation or retardation;
      6. Decreased energy;
      7. Feelings of guilt or worthlessness;
      8. Difficulty concentrating or thinking; or
      9. Thoughts of death or suicide.
    2. Bipolar disorder, characterized by three or more of the following:
      1. Pressured speech;
      2. Flight of ideas;
      3. Inflated self-esteem;
      4. Decreased need for sleep;
      5. Distractibility;
      6. Involvement in activities that have a high probability of painful consequences that are not recognized; or
      7. Increase in goal-directed activity or psychomotor agitation.

THE PART B AND C CRITERIA OF THE DEPRESSION LISTING  

AND

  1. Extreme limitation of one, or marked limitation 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

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

Meeting listing 12.04 requires you to prove the above criteria. The symptoms under Part B can be broken apart into single elements. For example, you would meet the Part B criteria if you had an extreme limitation in the ability to “remember.”

You do not need to have an extreme impairment in every element under Part B. It only needs to be extreme in one of the symptoms on the list. The same is true for marked limitations. For example, you could have a marked limitation in your ability to concentrate and remember. That would meet Part B of the listing. In order to win disability benefits for depression, you can meet or equal listing 12.04. Learn more about using Part B to win mental health benefits here.

THE SYMPTOMS OF DEPRESSION – LISTING 12.04 – PART A

Depression symptoms under Part A are fairly easy to prove. But, only if you have the proper medical records. The best medical records are from your psychologist or psychiatrist. Not everyone can afford a psychiatrist, but a treating psychiatrist will normally be able to give you medications.

Depression medications that your doctor might give you could be Prozac, Wellbutrin, Effexor, Lexapro, or Paxil. These are only some standard examples of what your psychiatrist may use to treat a mental health condition like depression. Additionally, you might be taking other medications for insomnia, like Trazadone or Xanax. Medication, along with therapy, may give you relief from your symptoms.

Clinical depression is one of the most common mental health conditions. The symptoms in Part A can happen for a variety of reasons. But to win benefits under listing 12.04, your doctor should outline the following symptoms:

  • sadness
  • hopelessness
  • irritability and chronic anxiety
  • appetite changes
  • sudden weight gain or loss that is more than just a few pounds
  • feelings of guilt and worthlessness
  • aches and pains with no injury
  • insomnia or sleeping too many hours
  • severe fatigue during the day
  • concentration issues
  • memory problems
  • suicidal thoughts and actions

Some people with Depression receive treatment from a psychologist or counselor. If you get psychological treatment, then you will have talk therapy. Likewise, a counselor gives weekly or biweekly talk therapy or counseling.

Counseling is a useful therapy, because it can give you the tools and skills to deal with depression and symptoms of anxiety. Winning disability benefits for depression requires you to present evidence of the Part A criteria.

DEPRESSION SEVERITY UNDER PART B

Part B of the listing shows the severity of your symptoms. In order to win disability benefits for depression, you will need to prove two marked or one extreme Part B impairment.

1. UNDERSTANDING, REMEMBERING AND APPLYING INFORMATION

Under Part B, the SSA is looking to see whether your symptoms are severe enough to keep you from working. First, you will need a marked limitation in understanding, remembering, and applying information. This refers to having a serious limitation in the ability to learn, recall, and use information at work. For example, this includes serious limitations in the following:

  • understanding and remembering instructions and procedures
  • following one or two-step instructions in order to perform a task
  • identifying and solving problems
  • recognizing a mistake and correcting it
  • asking questions of fellow workers and your boss, and
  • using reason and judgment to make decisions at work.

2. INTERACTING WITH OTHERS

Second, the Part B criteria contemplates a marked limitation in interacting with others. For instance, this means serious limitations in the ability to relate to and work with others. By others, they mean supervisors, co-workers, and the public.  If you have trouble getting along, you may have trouble with:

  • handling conflicts with others
  • asking for help when needed
  • sustaining conversation with other at work
  • understanding social cues, such as verbal or emotional cues of others
  • being able to respond to criticism and correction from your boss
  • keeping social interactions free of irritability and getting along with coworkers

3.  CONCENTRATION, PERSISTENCE AND PACE

There is also, under Part B, the issue of being able to concentrate, persist, or maintain pace. While this may seem like common sense, at work an employee must be able to complete tasks. If you are unable to do this because of depression, you cannot sustain a 40 hour work week. You must be able to:

  • finish assigned tasks
  • persist on a work task if there is a problem, instead of giving up
  • maintain a required pace, one that is set by the work standard
  • being able to focus on assigned projects
  • keep a work reasonable production rate

4. ADAPTING AND MANAGINE ONESELF

Finally, a marked limitation in adapting and managing oneself refers to being seriously limited in the ability to regulate emotions and control personal behavior. This includes the ability to:

  • respond to demands
  • adapt to changes
  • manage mental symptoms
  • know the difference between acceptable and unacceptable work performance
  • set realistic goals
  • make plans for yourself without the help of others
  • maintain personal hygiene and attire appropriate to a work setting, and
  • be aware of normal hazards and take appropriate safety steps

WHAT TO DO IF YOU DO NOT HAVE MENTAL HEALTH INSURANCE AND NEED DISABILITY BENEFITS FOR DEPRESSION

If you do not have health insurance, there are still way to get mental health treatment. If you are from Utah, go to Utah’s Free and Low Cost Health Services. There you will find mental health resources that are affordable. Learn other information about Utah mental disabilities here.

Likewise, if you are from Nevada, you can go to Nevada’s Free and Low Cost Mental Health Services on our site. There you will find examples of clinics and treatment centers. These places provide mental health therapy. Sometimes they offer free therapy. Others offer it on a sliding scale. Don’t wait, call these resources today. Get yourself into treatment. Learn more about Nevada mental disability benefits here.

Make sure the psychologist or psychiatrist you choose will support you through the benefit process. Also, ask your counselor to support you too. Some treating sources refuse to provide progress notes. Or, they refuse to write letters on your behalf. Don’t let this happen.

Ask you mental health source to keep and provide their notes to the SSA. Also, seek treatment from someone who will help you. You should also ask your treating mental health counselor if they will support you in your benefit claim. If they won’t submit their records. Or, if they refuse to help, then find a new counselor. If you need free or low cost mental health care in Colorado then read here.

MEDICAL EVIDENCE TO PROVE YOUR DEPRESSION IS A DISABILITY

The hard part of winning benefits for depression is the burden of proof is on you. Therefore, you must show with medical evidence, that you have the depressive symptoms in Part A. But, what kind of medical evidence do you need? For example, you need progress notes from your doctor. Or, you need treating notes from your therapist.

In addition, you must also show your symptoms are so severe that they also meet the criteria under Part B and/or C. You can learn more about how the Part B mental criteria wins benefits here. There are times where proving Part C is easier than proving Part B. This is particularly true if you are living in a “highly structured setting.” Learn more about the importance of medical evidence in proving your case for depression.

For example, if you live in a state mental hospital or in housing that also provides mental health treatment, then you live in a highly structured setting. If leaving that setting would make your mental symptoms worse, then you are probably meet the Part C criteria. Therefore, you should be paid benefits.

Another important aspect of winning SSD benefits, is that the benefits also help your family members. For example, if you have a child under the age of 18, then they get benefits too. Likewise, if you win benefits such as SSD, after 24 months you can get Medicare benefits. Learn more about Medicare benefits here.

If you receive SSI benefits, you will also receive Medicaid benefits. These benefits are a form of health insurance and they help pay for mental health treatment. The goal is to use your health insurance to seek treatment. Then, hopefully, you will recover and be able to return to work.anxiety and depression disability benefits

DEPRESSION AND ANXIETY – TWO SIDES OF THE SAME COIN 

Depression and Anxiety are two sides of the same coin. This means that the symptoms of depression can also include anxiety. For example, you may experience these  symptoms:  crying spells, sadness, and loss of interest in activities or hobbies. Likewise, you may isolate yourself. You might stay away from friends and family members. Or worse, you may have thoughts of suicide.

You may also experience anxiety symptoms. Anxiety presents symptoms such as racing thoughts, sleep trouble, lack of focus and panic attacks.  An individual can have one or all of these symptoms and have Generalized Anxiety Disorder, Depression, or even Bipolar Disorder.

If you can’t work  due to these symptoms, apply for SSD and SSI benefits for depression.  Many people think that filing for SSDI and SSI benefits means they can never return to work. This is not true. In fact, once you on are on benefits, the SSA allows you to attempt to work with a trial work period. Learn more about the trial work period here.

People who receive the proper treatment and medications are often able to return to work. However, SSD benefits are rightfully yours during the time you cannot work.  As long as you have been off work for 12 months due to your mental condition, you should be paid benefits during that time period.

Contact Cannon Disability. ​Start your application for benefits today. This will help you win benefits. You can receive benefits, even if you are able to return to work at a later date.  Please call us. Let us help you file your application for benefits. We are available to answer your questions about Social Security Disability and Supplemental Security Income benefits. Also, we will answer your questions about Depression and Anxiety.

CANNON DISABILITY LAW CAN WIN YOU DISABILITY BENEFITS FOR DEPRESSION 

At Cannon Disability we specialize in helping you win your disability benefits for depression. However, we must prove you deserve benefits. We do that by getting your medical records. Your records show the SSA you cannot work because of  your depression symptoms.

In order to do this, you will need mental health treatment. Likewise, we will need the support of your mental health therapist or counselor. We need to prove that your depression has the elements under Listing 12.04. Usually your counselor or doctor helps you by writing a letter about your mental symptoms. In their letter, they should state you cannot work due to your mental health.

WHAT WE DO TO HELP YOU WIN BENEFITS 

You do not need to try to win benefits for depression by yourself. Cannon Disability Law can help file your disability application. Also, we can help you appeal every SSA denial. For example, 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 that they should automatically pay your benefits under the Compassionate Allowance Rules
  • Request reconsideration if you receive an initial denial from Disability Determination Services
  • Help you confirm your attendance at a Consultative Examination
  • Request a Hearing with an Administrative Law Judge (ALJ)
  • Prepare you to be a good witness at your SSA hearing
  • Represent you at your hearing and question the vocational and medical witnesses.
  • Read more about vocational experts here
  • Learn more about medical expert testimony here
  • Request review of an unfavorable 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. Try not to take that long to finish it. 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. If you need help to file your application, we will help you.

HOW WILL YOU PAY THE ATTORNEY FEE?

We will use our legal skills to help you through the disability process. It is our goal to win your case. But, it also our goal to make the Social Security appeal process easier for you.

We offer a free review of your case. If you call, there is no pressure to become our client. You ask questions, we answer. Even if we don’t accept your case, we will still try to help you.

It also doesn’t cost you any upfront money to hire us. Why? Because we work on a contingency fee basis. This means you only pay us an attorney fee if we win your case. If we win, then the SSA pays us out of your back benefits. Learn more about past due benefits here. If you do not win, you do not pay an attorney fee.

How much is the attorney fee? The attorney fee is whatever is less between 25% of your back benefit and the fee cap. This is best understood through an example. If your back benefit is $10,000, then your attorney fee would be $2500.

However, if your back benefit is $100,000, you would not pay 25% or $25,000 in attorney fees. Instead, you would pay the amount of the fee cap. In November 2022, the fee cap will be $7200. Therefore, if you win your case, then your fee is capped at the $7200 amount.

Regardless, you pay whatever is less between 25% of your back benefit and the fee cap. Additionally, you only owe an attorney fee if we win your case. Find out more here about what it will cost.

OUR LEGAL TEAM HELPS YOU WIN DISABILITY BENEFITS FOR DEPRESSION

It is possible for you to have both Depression and Anxiety at the same time. Anxiety is commonly known as Generalized Anxiety Disorder. It is not unusual for one person to be found to have two or three types of mental conditions at once. However, for the SSA, if you have severe anxiety you can be paid SSD and SSI benefits under listing 12.06.

Under SSA’s rules, each mental condition has its own listing. To meet a listing, the SSA considers only the elements under that specific listing. If you meet the listing, then you should be paid benefits. Equalling the listing, however, allows the SSA to consider the combination of all of your severe conditions, including physical conditions.

Hire us. We know how to prove to the SSA that you should be paid benefits for depression. Our legal team prepares you for success. During your case, we collect your medical records. All you have to do is get treatment from your doctor. Medical records from your treating sources prove you deserve benefits. Medical records prove the case, whether you have a physical or mental condition that prevents you from working.

We know you need benefits to replace your income. Over the past 30 years, we have won over 20,000 SSDI and SSI cases. We want to win your case too. Contact us today for your free review of your case. Let us help you win disability benefits for depression.

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