Getting Social Security Disability for Depression

Winning a Social Security Disability or SSI claim based upon depression can be tricky.  Still, talking to your doctors about problems with anxiety and depression can be the key to winning or losing your case.  To simplify things a bit, there are essentially two types of Disability cases: those that can be won on a "listing" and those that cannot.  

Social Security Listings

A listing is a description of a medical problem that is described in the Regulations that govern Social Security.  Winning a case based upon a listing usually means you have a problem that easy relatively easy to put your finger on, and having lots of records to show it.  Not many people meet a listing though, and the listings can still be complicated to read.  

For instance, the listing for depression and bi-polar disorder reads:

Affective Disorders: Characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome. Mood refers to a prolonged emotion that colors the whole psychic life; it generally involves either depression or elation.

The required level of severity for these disorders is met when the requirements in both A and B are satisfied, or when the requirements in C are satisfied.

A. Medically documented persistence, either continuous or intermittent, of one of the following:

Depressive syndrome characterized by at least four of the following:

• Anhedonia or pervasive loss of interest in almost all activities; or
• Appetite disturbance with change in weight; or
• Sleep disturbance; or
• Psychomotor agitation or retardation; or
• Decreased energy; or
• Feelings of guilt or worthlessness; or
• Difficulty concentrating or thinking; or
• Thoughts of suicide; or
• Hallucinations, delusions, or paranoid thinking; or

Manic syndrome characterized by at least three of the following:

• Hyperactivity; or
• Pressure of speech; or
• Flight of ideas; or
• Inflated self-esteem; or
• Decreased need for sleep; or
• Easy distractibility; or
• Involvement in activities that have a high probability of painful consequences which are not recognized; or
• Hallucinations, delusions or paranoid thinking; or

Bipolar syndrome with a history of episodic periods manifested by the full symptomatic picture of both manic and depressive syndromes (and currently characterized by either or both syndromes);

AND

Resulting in at least two of the following:

1. Marked restriction of activities of daily living; or
2. Marked difficulties in maintaining social functioning; or
3. Marked difficulties in maintaining concentration, persistence, or pace; or
4. Repeated episodes of decompensation, each of extended duration;

OR

Medically documented history of a chronic affective disorder of at least 2 years' duration that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following:

1. Repeated episodes of decompensation, each of extended duration; or
2. A residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate; or
3. Current history of 1 or more years' inability to function outside a highly supportive living arrangement, with an indication of continued need for such an arrangement.

Without going into that definition too much, it is fairly clear that meeting that listing is something that most people who suffer from depression cannot do.  That brings us to the other type of case, the more common type--those that cannot be determined based upon a listing.

Effect of Depression on Your Capacity to Work

Many Disability claimants make the mistake of only telling Social Security about what they see as their main problem.  For most cases, your lawyer will have to argue that it is a combination of problems that keep you from working.  The issues will surround your Residual Functional Capacities, which is just a big way of saying "what is it that this person can actually do?"  A problem with your back might keep you from working some types of jobs, while carpal tunnel syndrome would keep you from doing other.  Likewise, depression and anxiety would keep you from working other types.  

Because everybody experiences depression differently, it is that much more important that you see a doctor, even if you feel like they aren't really helping you. Some judges don't think claimants are believable if they say they are terribly depressed and aren't regularly seeing a doctor for it.  Of course, most people just go to their family doctor and get a prescription for an anti-depressant and leave it at that.  I suggest you use that long wait for a hearing to develop your medical record for your hearing.

• This article is provided for informational purposes only. If you need help with a disability coverage question, click here to consult with Greg Beckwith or a Disability Lawyer in your area.