Relief from Financial Stress when Depression Stops You from Working
Having symptoms of depression isn’t enough to qualify for Social Security Disability benefits.
To get financial relief when you’re living with depression, you need to document that your symptoms are debilitating enough to stop you from working for the long term.
This is hard to prove, but it’s easier when you have help from an experienced Dallas disability lawyer.
The disability attorneys of Morgan Weisbrod have spent more than 50 years helping Texans like you.
We’re among the top disability law firms in Texas based on how much we win in benefits for clients.
Disability claims for depression take special care. Getting the Social Security Administration (SSA) to understand your case is challenging, but the Morgan Weisbrod disability attorneys have the experience to build a depression disability claim.
Remember, these benefits aren’t a handout. You worked and paid into this system, and now it should be there for you when you need some help.
And don’t rule out the possibility of getting financial help for a condition like depression. Mental health problems are some of the most common issues people receive disability benefits for; you just have to approach your application correctly.
In the end, winning benefits can protect your stability and restore peace of mind to your life.
No matter how long the process takes, when you get help from Morgan Weisbrod’s Texas disability lawyers you won’t pay an attorney’s fee unless you win disability benefits.
Does Social Security List Depression as a Qualifying Impairment?
Social Security recognizes that depression can be debilitating enough to stop you from working.
Depression appears in Social Security’s official listing of health impairments under 12.00 Mental Disorders – Adult. Specifically, depression is in listing 12.04 for depressive, bipolar and related disorders.
When you apply for disability benefits for depression, the claims examiner will look for evidence of five or more of the following symptoms:
- Depressed mood
- Appetite disturbances with changes in weight
- Sleep disturbances
- Decreased energy
- Diminished interest in almost all activities
- Observable psychomotor agitation or slowing
- Feelings of guilt or worthlessness
- Difficulty concentrating or thinking
- Thoughts of death or suicide
Then they’ll check whether you meet one of the following requirements:
1. You possess an extreme limitation in one of the following areas of mental function, or a marked limitation of two of these:
a. Understanding, remembering or applying information
b. Concentrating, persisting and keeping pace in tasks
c. Adapting to your surroundings and managing your emotions and behavior
d. Interacting with others
OR
2. Your disorder is considered “serious and persistent,” with a medically documented history spanning at least two years with evidence that you’ve experienced both of these situations:
a. You receive medical treatment, mental health therapy, psychosocial supports or support in a highly structured setting. Your depression treatment strategies are ongoing and might ease your symptoms at least somewhat. But you still can’t work.
b. You have minimal ability to adjust to changes in your environment or demands that aren’t already part of your daily routine. Social Security calls this “marginal adjustment.”
It takes significant work to build a disability claim for depression, but the Social Security Disability lawyers at Morgan Weisbrod can help you gather the evidence you need and make your claim strong from the beginning.
And we make sure you receive personal attention, care and respect throughout the process.
What Is Residual Functional Capacity? How Can It Affect My Depression Disability Claim?
If you don’t meet the exact requirements outlined above, you may still be able to qualify for benefits by showing that you meet the general standards for disability.
The key to your claim will be a measure called your residual functional capacity, or RFC. Your RFC gives Social Security an idea of what you can do despite your health issues. Your health care providers can provide an assessment of your RFC.
It measures your basic mental and physical capabilities. For a mental health disorder like depression, you’ll answer questions like:
- Can you concentrate and pay attention?
- Can you stay on task?
- Are you able to work cooperatively with others?
- Can you make everyday decisions and judgments?
- Can you understand, remember and apply information to a job?
- Are you able to interact with others, including coworkers, supervisors and members of the public?
- Can you tolerate stress typical of work settings or changes to your routine?
Don’t oversell your symptoms in your disability application for depression, but don’t be vague either.
Give specific information about how often you have to miss work due to your depression. Explain exactly how long you can concentrate on work tasks before getting distracted by your symptoms. Details help you make your claim more persuasive.
If you have bad days when you can’t leave the house, talk about that. If your symptoms make it impossible to keep up with your workload, and that causes more stress, that’s important to highlight too.
Our Texas disability lawyers can help you think about your typical day, explain how your symptoms impact your routine and your ability to handle work, and tell Social Security your story.
Evidence for a Depression Disability Claim
Even if you think you obviously meet the SSA’s specific criteria for depression disability claims or that your RFC makes it clear you can’t do any kind of work, Social Security won’t take your word that you qualify for Social Security Disability.
You’ll need to back up your claim with evidence. These pieces of evidence could go into your disability claim:
- An official diagnosis from your doctor
- Results of psychological or psychiatric evaluations
- Lab test results
- Information about which treatments you’ve tried
- Records showing that you’ve stuck with treatment over time
- A list of prescription medications you take
- Side effects of your prescriptions
- Records of hospitalizations or emergency room visits
- A doctor’s assessment of your everyday functioning
- Evidence of disruptions to your work
- Information about accommodations you needed in order to work, like a reduced workload
- Statements from friends, family, coworkers or neighbors who have witnessed your health struggles
Building your case is easier when you understand what the SSA looks for in a depression disability claim.
How Does a Dallas Disability Lawyer Help with My Depression Disability Claim?
You can apply for disability benefits on your own, but navigating this process by yourself is stressful. We recommend working with a Dallas disability lawyer who can guide you.
The team at Morgan Weisbrod can:
- Help you fill out application forms
- Answer questions you have about the disability process
- Identify evidence to support your depression disability claim
- Help you avoid common mistakes that result in delays or denials
- Keep you updated on the status of your claim
- Help you identify specific work tasks that are difficult to manage due to your health
- Support your appeal if you get denied disability benefits
- Represent you at your disability hearing in front of an administrative law judge (ALJ)
- Ask the Appeals Council at Social Security to review your case, if necessary
- File your appeal in Federal District Court, if needed
Getting approved for disability benefits is difficult, no matter which ailment you suffer from, but claims for depression and other mental health conditions also require you to get others to see a condition that’s not physically visible.
Don’t trust your claim to just anyone. Our lawyers know the Social Security Disability system well because we only handle disability cases.
The attorneys of Morgan Weisbrod have helped thousands of people in Dallas, Fort Worth, Irving and across the state of Texas win benefits.
Now we want to assist you with your depression disability claim and with getting support for a healthier life.
by Paul B. Burkhalter Managing Partner of Morgan Weisbrod, Board Certified in Social Security Disability Law.