GETTING DISABILITY $$ FOR DEPRESSION, ANXIETY

Mental disorders, including chronic severe anxiety and depression, can be considered disabling by Social Security. The key words are chronic and disabling.

A "chronic" condition under Social Security rules is one which has lasted at least 12 straight months, is expected to last at least 12 straight months, or to end in death.

A "disabling condition" is one which is so severe that it makes the claimant unable to perform any sort of full-time work. In other words, it is debilitating.

An individual who is able to go about most of his or her normal daily activities, will not likely be considered disabled by Social Security. A disabling mental impairment is one that prevents most normal daily activities, such as shopping, using the internet, performing household chores, preparing meals or bathing and dressing independently.

I have noticed that most of my approved claims for mental impairments have included recent periods of inpatient confinement. Inpatient treatment certainly demonstrates that the impairment prevents uninterrupted daily activities.

It is very critical that claimants are getting current treatment from a mental health specialist--a psychiatrist or licensed clinical psychologist. They should be seeing the doctor regularly and following prescribed treatment, including medications. I would define "current treatment" as seeing the doctor at least every 3 months. I sometimes encounter claimants who were diagnosed with a mental disorder a year or two ago, but who have not followed up with their doctor since. They are poor candidates for Social Security disability.

Our firm offers a free case evaluation at no cost or obligation. We can't predict who will get disability benefits because every case is different in a hundred ways. However, we can offer some insight into how difficult (or easy) your case may be to prove. We know what Social Security requires to approve a claim. Sometimes we can offer suggestions that will improve a case and increase chances of success.

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