How To Win Disability Hearing For Depression


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So Why Do You Need Treatment That You Already Know It Didnt Work

WINNING VA Disability Benefits for Depression

Claimants dont realize that this is the essence of filing a disability claim due to a mental illness. Or any illness for that matter. That is, you are filing for disability because the medical treatment failed!

Lets think this through: You want to file for disability because despite all efforts you are not cured of the impairment that prevents you from doing your job, right? And you gave up going to the doctor because the treatment wasnt working. Now you want to file for disability despite not going to the right doctors.

Thats the biggest mistake claimants make. You DO NOT want to stop that treatment. Even if it didnt work.

Especially if it didnt work!

The purpose of continuing the treatment in this particular case is not to cure you since we already know it didnt.

Ways Depression Can Qualify For Disability Benefits

Many Americans struggle with depression, anxiety, or another mental health issue on a daily basis. When that struggle becomes intense enough to affect your ability to carry out day-to-day work duties, you may be eligible for disability benefits through the Social Security Administration. While its not a given, there are some cases where the SSA recognizes depression as a severe enough affective disorder to award benefits. If you think you might qualify, keep reading. Well walk you through how the SSA will determine whether depression qualifies for disability benefits.


Financial Ssa Programs For Depression Disability

The benefits program that works best for you will depend on your symptoms of depression and your current financial needs.

The SSI program is there to help you if your income isnt enough to meet necessities. Its a monthly payment program determined by your current income and assets.

Theres no set amount of help you may receive on SSI. If your state offers similar disability programs, you may receive less money from federal aid.

Most adults under the age of 65 who qualify for SSI have resources that total less than $2,000.

SSDI benefits are payments available if depression prevents you from working. To receive SSDI, your disability must be expected to last at least 12 months or result in death.

You cant receive SSDI benefits for a short-term disability or a partial disability. If you live with seasonal affective disorder, for example, you may not meet the long-term requirements of diagnosis.

You must also be younger than your full retirement age when you apply.

In some cases, your family members may be eligible for SSDI payments while you live with a depression disability.

SSDI is a calculated number based on your employment history. In 2021, the average payment was approximately $1,200 monthly.

Its not uncommon to receive a rejection letter from SSDI. This is likely due to some details needed in your application. However, you can re-apply as many times as needed until you get approved.

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There Are Several Types Of Depression:

  • Persistent depressive disorder or dysthymia. A depressed mood characterized by periods of major depression and periods of less severe symptoms that lasts for at least two years.
  • Psychotic depression. Depression related to some type of psychosis, such as hallucinations or delusions.
  • Seasonal affective disorder. Depression that is connected to the loss of natural light in winter and characterized by increased sleep, social withdrawal, and weight gain. It occurs in winter and disappears in spring.
  • Postpartum depression. Severe depression experienced by women during pregnancy or after the birth of a child where sadness, anxiety and exhaustion make it difficult to care for the baby or themselves.
  • Bipolar disorder. Though bipolar disorder is considered a type of depression, it differs from other types of depression in that individuals experience periods of euphoria as well as periods of deep depression.

Disability Tax Credit For Depression

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The disability tax credit is a type of benefit that lowers your taxable income. To qualify, you must have a severe and prolonged impairment as defined by the program. But, this program has a higher standard than others.

Qualifying for this credit can get some of your previous taxes refunded. It depends on the timeline of your condition. You apply by filling out a T2201 form and sending it to Revenue Canada.

If Revenue Canada denies your claim, you can request an internal appeal. If that appeal fails, then you must go to the Tax Court of Canada to appeal again.

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Personality Disorders And Utah Mental Disability Benefits

In Utah, you can qualify for Social Security disability benefits with a personality disorder. You will need medical evidence showing your condition causes you to be unable to adapt to changes at work.

For example, your personality disorder may make it difficult for you to get along with other workers or your boss. Also, you may have a history of being fired from multiple jobs. Or, you may have trouble getting along in a school or home setting. Sometimes, a personality disorder makes it hard to get along with your neighbors or even your family.

To win SSD benefits, your personality disorder needs to cause at least one of these symptoms:

  • Autistic thinking
  • Odd thoughts or odd speech
  • Constant mood swings
  • Impulsive behavior that damages relationships

If you have these symptoms and they prevent you from working full time, then you may qualify for SSDI benefits. You can show deserve benefits if you have these mental health symptoms and they have lasted for over 12 months.

Also, your mental health condition must interfere with your activities of daily living. For example, it may cause problems with memory. You may forget to pay bills or put money in the bank. You may have trouble shopping, doing laundry, and cooking meals. Likewise, you may no longer enjoy the company of friends and family.

Length And Levels Of Depression

Your depression or bipolar disorder must have lasted or be expected to last for at least a year, and must be at a level at which you would be unable to perform a job on a consistent and regular basis. The SSA does not require that you be depressed every day of the month, but you must show your depressive symptoms occur frequently enough to prevent you from working.

Quite often, your medical treatment records for a particular visit will say that you are “feeling better” or that your depression has “improved.” The SSA might use these records as a reason to deny you disability benefits. If your medical records include such notes, you can explain at a hearing before an administrative law judge whether you have good days and bad days with your disorder, and how often each occurs.

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Getting Your Doctors Support

Make sure that you have your treating physician prepare a mental residual functional capacity form on your behalf. A mental RFC is a detailed report that discusses how your anxiety and depression affect your pain thresholds and your ability to do certain job functions. Your attorney will use the mental RFC to create hypothetical questions designed to counter the VEâs testimony.

Although any doctor can prepare a mental RFC for you, the SSA will give more weight to a doctor who specializes in treating mental illness. Therefore, you should make sure to seek the help of a psychiatrist or psychologist in the treatment of your anxiety or depression.

Can I Get Social Security Disability Benefits If I Suffer From Depression

100% Disabled Rating from the VA. Easy Social Security Disability Win?

Depression is absolutely recognized by the Social Security Administration! However, your depression must be diagnosed and of clinical significance. It can be very difficult to win a Social Security disability benefits case for depression. Unlike many physical conditions where a judge can actually look at you and tell right away how and where you are suffering, MDD is an unseen mental condition. The diagnosis itself comes from a persons self-reported experiences. For this reason, it is imperative when you are applying for disability benefits to make sure that you are seeing a psychologist or psychiatrist regularly and that they are writing down all of your complaints and issues. Having your doctor fill out a Mental Impairment Evaluation can be especially helpful when applying for disability benefits with MDD. If your doctor refuses to fill one out, which is fairly typical for MDD claimants, make sure that your family members or anyone that you are close with provides the Social Security Administration with detailed information about how MDD limits your daily functioning.

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Other Ways To Qualify For Disability For Depression

Meeting the requirements of the clinical depression listing, above, isnt the only way to receive an approval for disability . If Social Security finds that your depression isnt severe enough to meet the listing above, the agency will determine if you can be approved for benefits by being granted a medical-vocational allowance. Social Security will consider how your depression symptoms affect your ability to do any type of unskilled work, by looking at your ability to:

  • carry out simple instructions
  • respond appropriately to supervision and to co-workers, and
  • handle changes in routine.

Social Security will then give you a rating of the type of work it thinks you can do .

If depression is the only impairment you listed on the disability application, getting disability will be a long shot unless you have severe, disabling depression and can qualify under the listing for depression. But if you also have a physical impairment or another mental impairment along with depression, you have a better chance of getting benefits.

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.

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What Are The Three Types Of Depression Which Are Eligible For Ssdi

Psychiatrists will classify the severity of the depression as mild, moderate, or severe forms. The Diagnostic and Statistical Manual of Mental Disorder is among the bodies determining the qualification for the benefits. Either way, the states of depression that are eligible for the SSDI are only three and are dependent on your productivity at work, the capability to attend school, and how you interact with others. The disorders are

1. Major Depressive Disorder This form of depression occurs when you are experiencing persistent sadness for prolonged periods occasionally. Normal episodes of sadness are normally a part of being human, but the mood changes are severe when you suffer from a major depressive disorder.

This conditions trigger may occur following life events like the death of a loved one, divorce, or diagnosis of a chronic illness. Clinical depression will have led to a significant deterioration of your moods and behavior, affecting your social life, work, or school. Studies done in 2017 show that about 7% of adults in the U.S have experienced an MDD episode. Some individuals never seek out professional help, but most do. They learn how to overcome, function, and heal from the disorder.

Talk to an expert physician at Mango Clinic for mental health issues or click the banner below to book your appointment.

Treatment can be by the use of antidepressants and psychotherapy. To improve symptoms:

Receiving Disability Benefits For Depression

Genes That Are Associated with Age

Those who have suffered from depression understand just how debilitating the condition can be. According to Healthline, it is estimated that at least 16.2 million of American adults have had at least one major depressive episode in any given year. Depression can occur once, or you can have recurring episodes. Ongoing feelings of deep sadness and hopelessness in conjunction with other symptoms such as indecision and low energy occur in 1.5 percent of U.S. adults and are more prevalent in women than in men. At least half of these cases are considered to be very seriousso serious they prevent the individual from performing day-to-day tasks and from working and making a living.

Depression and disability benefits may be looked at with a certain level of suspicion by the SSA. If you are attempting to secure Social Security disability benefits for depression, Carmichael Law Group can help you get the benefits you need and deserve. We can help you prove that you meet the requirements set by the SSA and that your depression makes it impossible for you to work. The attorneys at Carmichael Law Group are highly skilled, experienced, and knowledgeable in every aspect of Social Security disability because this is not only what we dothis is all we do. We help clients all across the nation.

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Give Credible & Balanced Testimony

Credible testimony from the claimant seeking depression-based disability is critical. Many depressed persons tend to catastrophize. According to the APA Dictionary of Psychology, to catastrophize is to exaggerate the negative consequences of events or decisions. The typical catastrophizer will testify in their hearing in a way that can seem to the ALJ to be exaggeration or a lack of truthfulness.

On the other hand, it is quite common for depressed persons to have trouble being fully honest about the extent of their symptoms. Our big boys dont cry culture can make it particularly hard for man with severe depression to admit to their severe symptoms. Depressed men and woman alike often are ashamed that they are not tough enough or are weak and fail in their disability hearings to admit how extensive their symptoms are.

Depression disability claimants not to find the sweet spot in their disability hearing: No exaggeration but no under-reporting.

Contact Social Security Disability Attorney Nancy L Cavey Who Can Help You Regardless Of Where You Live In Florida

Depression can make it difficult, if not impossible, to work. You owe it to yourself and your family to get help today! Ms. Cavey can explain the Five-Step Sequential Evaluation process used in every claim, the claims process and how to get your disability benefits for depression. Call today for a free consultation at 727-894-3188.

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If You Have Been Diagnosed With Depression And It Has Prevented You From Maintaining Full

But depression is not uncommon and getting approved for disability benefits may be a long, complicated process. An experienced Social Security disability attorney can review your case and take over the burdens of gathering evidence and filing your application, preventing costly mistakes and increasing your chances for approval.

In order to qualify for Social Security Disability, you will need to satisfy a few specific requirements in two categories as determined by the Social Security Administration.

The first category is the Work Requirements which has two tests.
  • The Duration of Work test. Whether you have worked long enough to be covered under SSDI.
  • The Current Work Test. Whether you worked recently enough for the work to actually count toward coverage.
  • The second category is the Medical Eligibility Requirement.
  • Are you working? Your disability must be total.
  • Is your medical condition severe? Your disability must be severe enough to interfere with your ability to perform basic work-related activities, such as walking, sitting, and remembering.
  • Is your medical condition on the List of Impairments? The SSA has a List of Impairments that automatically qualify as severe disabilities. If your disease is not listed this does not mean you cannot get disability, it means you must prove you cannot maintain employment due to your limitations.
  • More details can be found on our Qualifying for Disability page.

    Depression And Social Security Disability

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    If depression prevents you from working, you need to call Disability Lawyer with the Best A+ Rating from the Better Business Bureau to win your disability SSD or SSI claim with depression. If you suffer from depression and have difficulty keeping a job, call our office for a Free Consultation to see whether you may qualify for disability SSD or SSI benefits. Most importantly, if you suffer from depression, seek assistance from a mental health professional right away.

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    Mistakes To Avoid When Pursuing A Mental Health Disability

    According to New York Universitys Langone Medical Center, more than 8.3 million Americans or an estimated 3.4 percent of the adult population suffer from a serious mental health disability.

    Many individuals pursue Social Security disability as a result of mental illness. Some dont believe that you can receive a favorable decision if you have a mental disability, but you can.

    However, many Social Security disability claimants make mistakes when filing a claim with a mental disability as their condition. Our firms been representing individuals for more than two decades, and we recognize a lot of common mistakes that hinder you to win a disability case for mental illness.

    In this blog, we identify 5 common mistakes individuals make in these claims:

    What Are The Symptoms Of Depression

    People who are depressed may have:

  • Feelings of sadness, emptiness or unhappiness,
  • Feelings of guilt and worthlessness,
  • Loss of interest in daily activities,
  • Loss of pleasure in daily activities,
  • Frustration, irritability and difficulty controlling their anger,
  • Sleep disturbances,
  • Difficulty concentrating, thinking, remembering things or making decisions,
  • Frequent thoughts of suicide or death.
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