Category: General

Can You Claim Disability Benefits for Depression or Anxiety?

The following is an email I recently sent to a person who called me seeking information about a potential claim for Disability benefits based on depression and anxiety. As this is a common response to the many questions I receive on the topic, I thought it would be a good email to share with those seeking disability based on a psychological disability.

Dear _______:

I am sorry that you have to deal with these issues.  I am writing to ask if you are seeing a psychiatrist, psychologist and or a counselor for your issues?  If so, how long have you been regularly seeing these folks?

The reason I ask is because the Social Security Administration requires that any applicant for benefits be able to prove they are disabled.  This proof necessarily takes the form of doctors records based on an ongoing relationship of treatment.  The reason for this is two- fold.  The first is that there is a general agreement among health care professionals that treatment for psychological issues is helpful to the person dealing with those issues.  If the treatment is successful it may help the patient avoid being placed on disability. The second reason is that the Social Security Administration has mandated that records be presented to prove the disability.  If the claimant is unable to present records of treatment, because of a lack of treatment, the Administration will deny the claim.

If you are dealing with these psychological issues without treatment, I encourage you to seek out a psychiatrist, psychologist and or a counselor and begin treatment.  If you have already established a relationship with one of these types of health care providers, and the treatment is not yet sufficient to allow you to return to work, please give me a call.

If you have not yet filed your application for benefits, that must be done as soon as possible.  If you are eligible for Title II SSDI, then you can file on line, or at your local social security office.  If you are only eligible for Title XVI SSI, then you must file in person at the local office.  If you are confused about which program for which you may be eligible, please give me a call and I can help you figure that out.

I wish you the best in coping with your anxieties and depression.

John P. Young –

I just got off the phone with one of my Social Security Disability clients.  His file came up on my diary system.  I called him because his wife’s insurance through her new job was going to become effective in middle May and I wanted to make sure he had scheduled an appointment with his cardiologist for a full cardiac examination.  I wanted him to have this full work up for two reasons.  The first is for his overall health.  He has a bad ticker and because he has not been working he lost his insurance and has not been able to get back to his doctor for a few years.  The second reason is that when a person files for Social Security Disability, that person has the obligation of producing medical records which objectively establish the presence of the disabling condition as well as establishing the severity of the condition.

My client told me that he had been sent to a cardiologist by the Social Security Administration for an echo cardiogram.  He wondered if this test was sufficient to make his proof.  He wondered this because they were just getting back on their feet and the deductible for the cardiac work up could surely be used for other bills.  I told my client that I certainly understand the tight money woes caused by the economy and his being out of work.  But, I also told him that the echo cardiogram, although a good test, is not enough.  It is not enough because it just a snapshot in time and might not even be a good test for his particular medical condition.  I stand by that statement.  It is always best to have your own doctors work you up.  They are given more credibility than the Social Security Administration doctors.  They are also the doctors who know you best and have your best medical interests at heart.

So, if you have a disability and are applying for benefits, make sure you see your doctor and share with them the truth about your medical condition.

You are confronted with a life altering illness or injury. You are anxious because you do not know how you are going to be able to support yourself and your family. You know that you cannot work. You know that you have some savings. You also know that your savings will not last more than a year. What do you do. One option is to file your claim for Social Security Disability benefits. You contact a lawyer and the lawyer helps you file, by telling you what information the Administration is looking for, and how to provide that information to the Social Security Administration so that the Administration can obtain the medical information from your treating doctors and hospitals. The lawyer tells you up front that the Social Security Administration is back logged and it may take as long as 18-24 months to have your hearing if you are turned down on your application. Often times your anxiety is so great about the process you either do not hear this or forget it. The lawyer tells you that there is little the lawyer can do to make the administration find that you are disabled more quickly, short of providing the proper information, sometimes provide the records, and in some instances filing a requests for determination on the record. The reason for this is that the applications are reviewed in the order they are submitted, and most, if not all the people submitting applications are facing financial problems.

The Social Security Administration contracts with the Indiana Disability Determination Service (DDS) to help them process the claims. While processing the claims, the DDS will send out for your medical records, set up appointments for you to see one of their doctors, and call you asking for additional information. This is a normal part of the process and is not a cause for alarm. You might say, well why aren’t the DDS talking to my lawyer? The reason is that talking directly with you, for simple information makes the process go more quickly. Certainly you should discuss what was said between you and the DDS with your lawyer. It is important for your lawyer to know what is going on. However, it is not something to be alarmed about, as it is a normal and necessary part of the review of your application.

One of the most repeated comments I hear from people making claim for Title II Social Security Disability Benefits is that the Social Security Administration Application and Appeals process takes so long the administration must think it is the governments money. I fully understand their frustration. Title II Social Security Disability Benefits (SSDI) are earned by the American worker. Each week tax, in the form of the FICA tax, is withheld from every paycheck. For those who are self employed the money is with held through the Self Employment tax. The government does not ask the worker if they want to contribute, they simply force the contribution. Most workers do not begrudge the withholding because they know they are supporting the generation that did so much for us. However, it is frustrating when I hear pundits and talking heads on radio programs refer to SSDI as an entitlement. It is the money of the worker, earned through sweat of the brow. They earned every penny and are owed that money. It is not a gift. It is not welfare. It is their money.

I add the following with permission of the author:

CALABASAS, Calif., May 7, 2013 /PRNewswire/ — (SSDI), the safety net for disabled US workers, has come under recent scrutiny. Some critics suggest the program adds to the national deficit and is a drain on the US economy. They argue the program should be cut back or even eliminated. Industry experts however are asking for a more objective review of the national insurance program.

In fact SSDI adds nothing to the US deficit since the program is entirely funded by US payroll taxes. Another important qualification is that only those workers who have paid into the system are eligible for benefits. In addition, almost 70% of disabled applicants are denied benefits. And, even when maximum benefits are paid, the disabled worker earns barely above the Poverty Level.

“SSDI is an essential US Government system set up and administered for disabled American workers unable to work. Rather than abandoning our nation’s most vulnerable and deserved citizens, we encourage positive reforms that make SSDI stronger, and will maintain it for the coming generations.”

John P. Young –

Does My Heart Condition Qualify for SSDI?

As I have told you before, the Social Security Administration issues a list of Injuries, Illnesses and Diseases which they consider when assessing your Disability claim.  In order to qualify under this set of guidelines, you must have one of the listed injuries, illnesses or diseases, and the symptoms caused by that illness, injury or disease must be severe enough to cause you to be disabled.  You, as the claimant have the initial burden of proving that you have one of the listed medical conditions.  You also have the burden of proving that your symptoms are severe enough to cause you to be disabled.

You meet your burden of proving that you have one of the listed medical conditions, and that it is severe by providing medical documentation.  The idea is that if you are that sick, you will be seeing a doctor, and your records will confirm the diagnosis and severity.  On the other hand, if you claim to be disabled, but you have not seen a doctor, you are unlikely to meet your burden of proving that you are disabled.

Social Security Disability and Heart Issues

Today, I am dealing with a client who has cardiac (heart) issues.  The client’s complains of symptoms including chest pain, fatigue, shortness of breath, and syncope (a kind of dizziness).  The patient is seeing a doctor, because the symptoms are severe enough to make it impossible for the patient to do any of his former activities, including work.  The other day, the patient had a heart test which found that the heart was not working very well.  In fact, the percentage of blood the left side of his heart was pumping out was about 5%.  Normal ejection from the left ventricle is 50% or more.  So you can see the patient is very sick.  We are pursuing the claim under Listing 4.02 Chronic Heart Failure.  The specific listing is 4.02A! in that his left ventricular ejection fraction is below 30%.  The claimant was turned down initially.  I think this was because the records were not sufficient to prove the level of the ejection fraction.  I am confident that we now have the proper records to the Social Security Administration and that the claim will soon be approved.

Need Help Claiming Social Security & Disability?

I can help you too.  I know the rules, I know the procedures, and I know my way around a hearing room.  After 25 years representing claimants before the Social Security Administration, I am ready to help you.

John P. Young –

We have been representing claimants before the Social Security Administration for over 25 years with great success. Although we do not guarantee success, we are well aware of what it takes to prove your case to the administration. The first priority for us is you. This means that I, John P. Young, your attorney will meet with you when completing your application, in preparing for the hearing and at the hearing. I will personally take your calls and answer your questions.

We feel it is necessary to get to know you in order to make the best case for your benefits from the Social Security Administration. While I am speaking with you, I will carefully explore with you your medical condition and the names and addresses. The reason for this may seem obvious, but what may not be obvious is the procedure the Social Security Administration uses in analyzing the claim. First the claimant is responsible for providing objective medical evidence which demonstrates the existence of the a disability or disabilities. Next, the symptoms expressed by the claimant must be consistent with the disease process or injury causing the disability. When you go through your claims process you will receive from the Social Security Administration questionnaires which seek information about your condition and everyday living experiences. The Social Security Administration will compare the records to these questionnaires and make determinations about your credibility. The more the symptoms correspond with the known or expected symptoms of the disease causing the disability, the more credibility the claimant is given and the greater the prospect of winning the claim.

If you are filing a claim and feel overwhelmed by the process give me a call. I can help.

John P. Young –

Yes, a child who is disabled may file their claim for benefits based on their parents earnings history in certain circumstances.  I know you are asking yourself, “why would my child benefit from filing on my earnings history, as opposed to his own.  The answer lies in the difference between Title II Disability (SSDI) and Title XVI Supplemental Security Income (SSI).  SSDI pays more per month.  SSDI entitles the recipient to Medicare.  SSDI has fewer restrictions.  SSI is essentially welfare and therefore has many restrictions including set offs for support received from other sources.  SSI pays less per month.  As an SSI recipient, who has not worked, it is likely that you will not be eligible for Medicare.  So, now you know that if you can, you want to apply under your parents earnings history to be eligible for SSDI.  What now?

First, the rules which cover eligibility for a child on the parent’s earnings history are found in 20 CFR parts 400-499.  More specifically the rules are found at 20 CFR Section 404.350.  Generally to be eligible under these provisions you must be the child of a covered individual who has either died or is currently receiving SSDI or retirement benefits.  You must be either under 18, or you are 18 or older and your disability began before you turned 22 or you are 18 or older and qualify as a full time student under section404.367.  Of course you also have to apply under the parents social security number.  Other rules do apply, but a complete description in the blog would take several pages.

If you think you qualify, but are not sure and have questions, please feel free to contact us.