DEPRESSION CAN QUALIFY YOUR FOR DISABILITY BENEFITS

DEPRESSION CAN QUALIFY YOU FOR SSD BENEFITS

If you have depression, should you apply for SSD and SSI benefits? The answer is yes. Depression is a common mental ailment that most people suffer at some time during their lives.  Most depression is situational, which means it comes about because of trauma or stress.  For example, if you spouse passes away, you may experience symptoms such as sadness, memory loss, and crying spells.

These are all symptoms of depression and are a normal response to the death of a spouse.  With time, these symptoms abate for most people, and they are able to return to their normal emotional state. It is when the symptoms of depression become a chronic, daily occurrence that interferes with the ability to perform activities of daily living, such as working, going to the store, and interacting with family and friends, that it becomes known as Major Depressive Disorder.

In order to win benefits from the Social Security Administration for Depression, a person must be incapable of working due to the severity of the depressive symptoms.  For example, everyone experiences trouble with sleeping a few times a year, but if you cannot sleep night after night and you pace the house worrying about things you cannot control, that could be a symptom of severe depression or anxiety.

THE TWO ELEMENTS SSA REQUIRES FOR DEPRESSION 

The SSA has divided Depression into two elements. The first element lists the symptoms of depression.  The second element requires the severity of the symptoms to prevent you from working.  In order to be found disabling, depression must interfere with activities of daily living. It must also interfere with the ability to persist and finish tasks, like the laundry or cooking. You must also have problems with concentration and being around other people.  Millions of people have depression symptoms, but they still go to work.

However, if you have these symptoms and you are not able to work, you may qualify for benefits. Sure signs of depression are avoiding others and failing to keep appointments. You also know you have depression if you can’t take care of yourself or you are unable to eat or sleep.  Disability benefits also come with Medicare or Medicaid. These two programs provide you with the health insurance you need to get treatment.  Call our office at 1-801-322-2121 or contact Cannon Disability Law at www.cannondisability.com and ask us now whether or not you are eligible to apply for disability benefits.

Millions of people suffer from Depression, yet still manage to go to work and function in their daily lives.  Many people are found to have Depression or Bipolar Disorder, but their symptoms are controlled with medication. Therefore, they are able to work.  When depressive symptoms become so severe that an individual cannot work or function in daily life, then they qualify for Social Security Disability or Supplemental Security Income benefits.

DEPRESSION AS DEFINED BY THE SSA – PARTS A, B, & C

In order to know if you qualify for benefits, you should know SSA’s definition of disability. The SSA defines Depression by the severity of your symptoms. As such, if your symptoms are constant and impact working life, you may meet the criteria. The rules are outlined below.

The SSA divides the symptoms of Depression into three categories.  First, after a diagnosis of Depression or Bipolar Disorder, the SSA looks at your medical records to determine if you have five or more the symptoms listed below. Even if you have most of these symptoms, it is the severity that counts. For example, you may have trouble concentrating. You need to show how that impacts your ability to work. Therefore, you could have a past employer write a letter about how you couldn’t follow instructions. Also, you could have your counselor confirm the problem in writing.

12.04 Depressive, bipolar and related disorders (see 12.00B3), satisfied by A and B, or A and C:

PART A

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.

Next, the SSA determines how the symptoms of depression impact you in your ability to function in the workplace and in your daily activities by looking at the Part B and Part C criteria, which are listed below.

AND

PART B

1. Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning (see 12.00F):
   1. Understand, remember, or apply information (see 12.00E1).
   2. Interact with others (see 12.00E2).
   3. Concentrate, persist, or maintain pace (see 12.00E3).
   4. Adapt or manage oneself (see 12.00E4).

OR

PART C

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(s), or a highly structured setting(s) that is ongoing and that diminishes the symptoms and signs of your mental disorder (see 12.00G2b); 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 (see 12.00G2c).

DEPRESSION CAN QUALIFY FOR DISABILITY BENEFITS IF YOU HAVE SUPPORT OF YOUR DOCTOR

The Part B criteria or the severity of your symptoms should be supported by treatment records. Treatment records are written by your psychologist or psychiatrist.  This is also true of documenting the Part C rules for a Judge. You will need records showing ongoing treatment for two years. Likewise, during the appeal process you will need to have records for Disability Determination Services.

If you are only being treated with medication, it is important to find a counselor with the proper credentials to support your claim. The SSA considers a psychologist and psychiatrist to be the best sources of evidence about Depression.  However, they also consider medical evidence from  Nurse Practitioners and counselors.  Over all, having an ongoing relationship with your doctor, nurse, and counselor will help you win your case.

The SSA may send you to see a psychologist. This is called a Consultative Exam. The exam is done at no cost to you. However, a Psychological Evaluation may not given as much weight by the Judge as evidence from your treating source. Your treating doctor sees you on a weekly or monthly basis. Therefore, they know more about your Depression. If you do not have insurance or money to see a treating source, we have a list of free and low-cost services on our website.

Remember, without medical evidence, you will not be able to win your claim for disability benefits. If you have any questions about whether your Depression qualifies you for benefits, contact us. The best thing you can do to help yourself through the Social Security process and to help your mental health, is to obtain ongoing mental health treatment. Likewise, the next best think you can do is to hire an attorney with the experience to win your case.

WITH THE RIGHT ATTORNEY DEPRESSION CAN QUALIFY YOU FOR DISABILITY BENEFITS

At Cannon Disability Law, we have 30 years of experience. During those 30 years, we have won over $100 million in SSD and SSI benefits for our clients. Don’t go to court without a Social Security attorney, because the SSA judge is not on your side.

For example, the judge may call a medical expert. The medical expert is there is testify as to whether your depression meets the 12.04 listing. Also, the judge may call a vocational expert to testify in court. The vocational expert is a person who has gone to school to learn about jobs. Usually, the vocational expert also has experience placing people in different kinds of jobs in the economy.

With experts in court, you need a legal team that is on your side. Your lawyer can question the experts that the judge calls to court. Also, your SSD attorney will prepare you to testify on your own behalf at your hearing. If you don’t have an attorney who has done to court before the SSA, then they don’t have the experience you need. We have won over 20,000 SSD cases in the last 30 years. We can help you win the benefits you deserve.

CANNON DISABILITY HAS THE EXPERIENCE YOU NEED TO WIN DISABILITY BENEFITS

We offer a free review of your case. Also, we represent clients from all over the western United States. Additionally, we represent clients in Utah and offer information about Utah disability benefits. Nevada disability information can be found here. Likewise, information about California disability benefits is here. We can help you file your application for benefits at Social Security’s website. No matter where you file your application for benefits, we can help. We also represent clients in Idaho, Colorado and Arizona.

Hire an attorney without worrying about whether you can pay attorney fees. At Cannon Disability, we work on a contingency fee basis. This means if you do not win benefits, you do not owe an attorney fee. Our attorney fees are capped at $7200 and 25% of the back benefit, which ever amount is less. $7200 is the most your attorney can charge. However, most cases do not cost the client $7200.

Instead, the client will pay upon winning benefits, whatever is less. So, if your back due benefits are $10,000, the attorney fee would be $2500. We do not charge an attorney fee out of your future benefits. And, if we do not win your benefits, you do not owe any attorney fee. Therefore, hiring us to help you creates no financial risk for you. When we win benefits, the attorney fee comes from your back due benefits. If we don’t win, you don’t pay an attorney fee. Hire the best Social Security legal team near you. Contact Cannon Disability Law today and choose us to be your disability legal team.