Depression and Qualifying for Social Security Disability
Author: Attorney Lloyd Bemis
Updated: 7/24/2024
Can I get disability benefits if I am suffering from the effects of Depression?
Depression can significantly impact an individual’s ability to work and is a common condition listed on applications for Social Security Disability Income. To qualify for disability benefits, you must meet specific financial criteria and provide medical evidence. The Social Security Administration lists depression as an impairment in its Blue Book under Section 12.04, and to qualify, you must meet certain criteria related to medical documentation and limitations in mental functioning. There are also additional criteria for individuals living in supervised or protected environments. Detailed medical records are essential for the application process.
Can I get disability benefits if I am suffering from the effects of Depression?
Approximately 25 percent of adults over the age of 18 will experience an episode of major depression at some point in their lives. Depression is different from periods of sadness and despondency a person may feel in response to challenges at work or home. In some individuals, depression is a serious condition causing a person to function poorly at work, school or home. Women are twice as likely to suffer from depression as men, but depression affects both men and women and children as well as adults. If you are suffering from the effects of depression you may qualify for disability benefits.
The most common symptoms of depression include:
- Feeling sad or hopeless;
- Anhedonia (loss of interest in people and activities that previously were rewarding, like visiting with friends or a hobby);
- Fatigue;
- Insomnia or oversleeping;
- Feelings of worthlessness or failure;
- Difficulty in concentrating and making decisions;
- Anxiety;
- Changes in eating habits resulting in weight loss or weight gain;
- Physical symptoms such as headaches or digestive problems that do not subside with treatment;
- Suicidal thoughts.
These symptoms can cause you to miss work and jeopardize your ability to maintain employment.
Depression can seriously interfere with an individual’s ability to work and is the second most common medical condition listed on applications for Social Security Disability Income.
To be eligible for disability benefits, in addition to supportive medical evidence, you must show that your depression has lasted or is expected to last at least 12 months and your condition prevents you from working and earning over $1,550 per month (in 2024). The Social Security Administration lists depression as an impairment in its Blue Book under Section 12.04.
To qualify under this listing, you must meet the following criteria:
- Medical documentation of depression and at least five or more of the following:
- Depressed mood;
- Decreased interest in almost all activities;
- Appetite disturbance resulting in weight loss or weight gain;
- Insomnia or sleeping excessively;
- Slow physical movements or agitation;
- Decreased energy;
- Feelings of guilt or worthlessness;
- Difficulty concentrating or thinking; or
- Thoughts of death or suicide.
- Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning:
- Understanding, remembering, or applying information;
- Interacting with others;
- Concentrating, persisting, or maintaining pace;
- Adapting or managing oneself.
AND
There is also another set of criteria under this listing which acknowledges that some individuals with depression may not show serious symptoms because they live in a highly supervised or protected environment, such as a nursing home or group home.
They may seem to have better functional abilities than if they lived in a different, real-world situation, but are not expected to perform in a work environment.
To qualify for disability under these criteria, you must have a medically documented history of depression over a period of at least two years, and evidence of both of the following:
- Medical treatment, mental health therapy, psychosocial support, or a highly structured setting that is ongoing and that decreases the symptoms and signs of your mental disorder; and
- You have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life.
Social Security will expect you to provide detailed medical records. These records should include:
- Names and addresses of all medical providers.
- Dates of medical appointments and doctors’ exam notes.
- Dates of hospitalizations and emergency room visits. This is important to prove the severity of your depression.
- Mental testing results.
- Medications and treatments you are taking as well as any side effects.
Ask your doctor to complete an RFC form.
This essential form will evaluate your ability to focus, concentrate, remember instructions and your social skills, describing what you can do and not do physically and mentally. You must show that you have followed your doctor’s plan, but are still disabled. If you are still working, keep track of absences. This will establish that your productivity at work is declining. You must prove that your medical condition has reduced your work productivity by at least 15 % of the acceptable level. If you consistently need to stop work because of an inability to focus or headaches, or miss work several days per month, you will not be able to maintain full-time employment.
Once Social Security determines the limitations caused by your condition, they will employ a vocational expert to assess whether a person with these limitations is employable.
“Once Social Security determines the limitations caused by your condition, they will employ a vocational expert to assess whether a person with these limitations is employable. Most vocational experts will find a person to be unemployable if their condition or the treatment rendered for the condition causes the person to regularly be absent two or more days a month or be “off-task” 15% or more of the workday.”
If you don’t meet the specific criteria of Social Security’s listing – and this may be quite difficult – you may still be approved for disability benefits through a medical-vocational allowance.
Social Security will conduct a Residual Functional Capacity assessment (RFC) to consider the following:
- your ability to carry out instructions;
- if you can make simple work-related decision;
- if you respond appropriately to supervision;
- how you get along with coworkers; and
- how you handle changes in routine.
Social Security will then rate your ability to perform skilled, semi-skilled or unskilled work, taking into account your age, whether or not you are able to drive, and your level of education.
Your chances for approval are better if you have another impairment; for example, high blood pressure or arthritis. Applicants often have more than one illness or injury that prevents them from working full time. While one disorder may not meet the requirements of an impairment as stated in Social Security’s Blue Book, if you have multiple medical conditions, Social Security must consider how those health issues, combined together, limit your ability to hold a job and perform necessary daily tasks.
One of our Cedar Park client’s treating physicians certified him as having a class 4 psychological functioning impairment.
He was advised to stop working due to “incapacitating anxiety”. When asked whether our client could return to work, this physician responded “No . . . currently his anxiety and depression are incapacitating and his treatment is just beginning.” Another physician stated that he suffered from Major Depression; recurrent, severe, Panic disorder with agoraphobia; and Dysthymic disorder. Accordingly, he was unable to perform daily chores, attend social functions, attend to legal needs, shop, or venture into the community and manage everyday financial affairs. Our client’s severe depression/anxiety interfered with his concentration, energy, self-confidence, decision making ability, and even his ability to leave the house.
MetLife denied his claim, stating that he was no longer receiving treatment for his disability. We appealed his denial and won a reinstatement of benefits.
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Disability Benefits FAQs
Social Security has some basic financial requirements.
Before you are eligible for Social Security disability benefits, you must satisfy some basic financial requirements. You must: 1) have a disability that has lasted or is expected to last 12 months; and 2) you must have worked in a job where you paid Social Security taxes long enough and recently enough; and 3) you must not earn more than Substantial Gainful Activity (SGA), which is $1,550 per month in 2024 for nonblind applicants and $2,590 per month for blind applicants.
Basic SSDI Requirements –>
You may also be eligible for Social Security Disability benefits if you have another medical condition.
One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>
If you are 55 or older or have another medical condition you may get approval.
Applicants who are 55 or older often fall under a grid rule, which means they are not expected to learn a new job.
Disability for those over 55 –>
You may also be eligible for Social Security Disability benefits if you have another medical condition.
One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>
Should you file a claim?
If you believe that you meet Social Security’s medical and financial requirements, you should apply for benefits. If you are still unsure or would like to talk to someone, please contact us at 512-454-4000. We are always ready to take your call and discuss your options with you free of charge. We are happy to help folks just like you find the best solution for their personal situation.
How do I file for Social Security Disability benefits?
Once you have decided to file a claim, you can take the first step and apply for Social Security Disability benefits in person at your local Social Security Administration office, online, or over the phone.
How to Apply for SSDI –>
Appealing denied benefits
Most who file are denied initially. That doesn’t mean you won’t qualify; you just need to file an appeal.
There are four steps to the Social Security appeal process.
SSDI Appeals Process –>
Do I need a disability attorney for SSDI?
You may certainly file a claim on your own, but evidence shows that your chances for approval are increased significantly if you have legal representation.
Do I need an SSDI attorney–>
What if I don’t qualify for SSDI?
If you haven’t worked long enough to earn enough work credits, or if you earn too much income, you may be eligible for disability benefits through another Social Security program, such as Supplemental Security Income (SSI), or from a long-term disability insurance plan through your employer or a privately purchased policy.
What is Supplemental Security Income or SSI?–>
I have long-term disability insurance – should I file a claim?
Absolutely – you should file a claim as soon as you become disabled.
LTD Disability Appeals Process–>
Disability benefits are an important source of income for those who are unable to work. If you are not able to work due to accident or illness, you may be eligible for Social Security Disability or Long Term Disability benefits. If you have applied for benefits and been denied, contact the attorneys at Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.
Author: Attorney Lloyd Bemis has been practicing law for over 35 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Bemis obtained dual board certifications from the Texas Board of Legal Specialization. Lloyd is admitted to practice in the United States District Court – all Texas Districts and has argued before the U.S. Court of Appeals, Fifth Circuit. Mr. Bemis is a member of the Travis County Bar Association. He has been active in the American Association for Justice and is a past Director of the Capital Area Trial Lawyers Association. Mr. Bemis and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
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