Introduction
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ANDREW’S ANSWERS: Disability Attorney Andrew November is here to give you ANSWERS! Today’s topic: Depression & Anxiety Disability Insurance Claim Help & Tips
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Katie Nobles:
Hi, I'm Katie Nobles. And thank you so much for joining us. With me today, we once again have disability attorney Andrew November, and he is back with another Andrew's answers segment. And today he's gonna be tackling the topic, depression and anxiety, disability, insurance claim, help and tips.
Andrew November:
Thanks, Katie. Glad to be back talking about this important topic. I, I really can't go a day without seeing a claim for mental health, whether it's short term long term or even social security disability, these cases are always challenging. Not because there's some discrimination against mental health claims. Of course that's possible. But as I've said in so many other videos, and I use this phrase every day, certain claims don't lend themselves to measurable objective findings. For instance, if you come to our office with a back pain case and state that unable to sit and do your job at your desk. Well, that's kind of, well, I don't wanna say it's easy to prove, but there's objective evidence that would demonstrate why you might be experiencing difficulty sitting mental health. It it's very different. Now there is good law out there. And if we do receive a denial, we have the law on our side to litigate and the law states what I just said, that certain claims don't lend themselves to objective evidence.
Andrew November:
So you have to look at other factors. Now that doesn't mean there's nothing that you can't do. The most important thing you can do is to see a specialist, a mental health specialist. Why is that important? Well, the obvious reasons is a specialist is someone who's gonna treat you and understands what you're going through and is gonna help you improve. When you're looking at the evidence or the litigation side of it, what's different about a specialist versus your family, physician, your internist, or your primary care physicians. Well, foremost is their medical notes. Traditionally primary care physicians and more general physician notes follow what's called the soap format. And that stands for subjective objective assessment and plan. Subjective is what you tell your doctors. Objective is what they might observe. Assessment might be the diagnosis and plan might be the orders that they give you when you leave the office. What's missing.
Andrew November:
From there? A mental status examination, a mental status examination is something that's included in every single mental health specialist treatment note. And that goes through a variety of factors, symptoms, and signs that your clinician can observe. So when I go to litigate the case, I can use that documentation to show a longitudinal pattern of the symptoms and signs to show that you do have restrictions and limitations, and therefore are unable to perform the material or essential functions of your job. I love primary care physicians. My primary care physician is fantastic. I know he's is there for me whenever I need him, but I know there's limitations in what he can do and what his notes are going to say. So I'm not saying you have to stop seeing your primary care physician, never stop seeing your primary care physician. They're the quarterback. That's what I always say, but you need to see a specialist.
Andrew November:
I'm not telling you that you have to take medication. Do what your doctors say, but the very least see someone who is going to draft notes that are gonna capture the complete clinical picture of what you're dealing with. And that way, when we go to litigate your case, we're going to be able to prevail because the notes will support what you're telling me and what you're telling the judge or the insurance company. I hope that helps. If you have any other questions about building your case or seeking treatment, I would love to answer, just give us a call or send us a message. Thank you for watching.
Video
Hi, I'm Katie Nobles.
And.
Thank you so much for joining us.
With me today.
We once again have disability attorney Andrew November, and he is back with another Andrew's answers.
Segment.
And today he's gonna be tackling the topic, depression and anxiety, disability, insurance claim, help and tips.
Thanks, Katie.
Glad to be back talking about this important topic., Um, I, I really can't go a day without seeing a claim for mental health, whether it's short term long term or even social security disability.
These cases are always challenging.
Not, because there's some discrimination against mental health, claims.
Of course that's possible.
But, as I've said in so many other videos, and I use this phrase.
Every day, certain claims don't lend themselves to measurable objective findings.
For instance.
If you come to our office with a back pain case and state that unable to sit and do your job at your desk.
Well, that's kind, of, well, I, don't wanna, say it's easy to prove, but there's objective evidence that would demonstrate why you might be experiencing difficulty sitting: mental health.
It, it's very different.
Now.
There is good law out there.
And.
If we do receive a denial, we have the law on our side to litigate and the law states.
What I just said, that certain claims don't lend themselves to objective evidence.
So.
You have to look at other factors.
Now.
That doesn't mean there's nothing that you can't do.
The.
Most important thing you can do is to see a specialist, a mental health specialist.
Why is that important? Well.
The obvious reasons is a specialist.
Is someone who's gonna, treat you and understands what you're going through and is gonna help you improve.
When you're, looking at the evidence or the litigation side of it, what's different about a specialist versus your family, physician, your internist, or your primary care.
Physicians.
Well, foremost, is their medical, notes., Traditionally primary care.
Physicians and more general physician notes follow.
What's called the soap format.
And that stands for subjective, objective assessment and plan.
Subjective is what you tell your doctors.
Objective is what they might observe.
Assessment might be.
The diagnosis and plan might be the orders that they give you when you leave the office.
What's missing.
From, there?, A mental status.
Examination, a mental status examination is something that's included in every single mental health, specialist treatment, note.
And.
That goes through a variety of factors, symptoms, and signs that your clinician can observe.
So when I go to litigate.
The case, I can use that documentation to show a longitudinal pattern of the symptoms and signs to show that you do have restrictions and limitations, and therefore are unable to perform the material or essential functions of your job.
I love, primary care, physicians.
My primary care physician is fantastic.
I know he's is there for me whenever I need him, but I know, there's limitations in what he can do and what his notes are going to say.
So I'm, not saying you have to stop seeing your primary care physician, never stop seeing your primary care, physician.
They're the quarterback.
That's, what I always say, but you need to see a specialist.
I'm, not telling you that you have to take medication.
Do what your doctors say, but the very least, see someone who is going to draft notes that are gonna capture, the complete clinical picture of what you're dealing with.
And that way, when we go to litigate your case, we're going to be able to prevail, because the notes will support what you're telling me and what you're telling the judge or the insurance company.
I hope that helps.
If! You have any other questions about building your case or seeking treatment, I.
Would love to answer, just give us a call or send us a message.
Thank you for watching.
FAQs
What do I say to get disability for depression? ›
- Depressed mood.
- Loss of interest in most activities.
- Significant changes in your appetite and weight.
- Sleeping issues.
- Movements that are either lethargic or agitated and are noticeable to others.
Mental and psychological disabilities qualify for Social Security disability benefits. And while mental health cases can be harder to win, around 34.6% of people who receive benefits receive them for a mental health disorder of some kind.
What do I say to get disability for anxiety? ›You can show the SSA that your anxiety disorder is “serious and persistent” through medical records showing three things: You've had anxiety for at least two years. You receive ongoing medical treatment to help manage or diminish your symptoms. Treatment can include mental health therapy.
Can you be denied disability insurance for anxiety? ›An anxiety or depression disability caused by conditions related to your employment may not be eligible for short-term disability benefits. Work-related injuries and illnesses, including mental health disorders, are entitled to benefits through the workers' compensation that exists in your state.
Can you get 100% disability for depression? ›100% Individual Unemployability (TDIU)
In cases where a veteran's depression is so severe they are unable to secure and maintain substantially gainful employment, they can apply for total disability based on individual unemployability (TDIU) benefits.
It says that in order to be eligible for disability benefits because of depression you must be able to show that you have at least five of these symptoms: depressed mood. decreased interest in almost all activities. appetite disturbance (poor appetite or overeating) resulting in a change in weight.
How do I get 100% disability for anxiety? ›To reach a 100 percent VA rating for anxiety, a veteran must have extremely severe symptoms and prove an inability to work. These symptoms may include: delusions and hallucinations. inappropriate behavior in public.
What is the most approved disability? ›What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits. This is because arthritis is so common. In the United States, over 58 million people suffer from arthritis.
What percent disability is anxiety and depression? ›30% Rating: Condition causes moderate occupational and social impairment, occasional reduced work efficiency, intermittent inability to perform occupational functions, and symptoms like depression, anxiety, suspiciousness, panic attacks, sleep impairment, and mild memory loss.
How fast can you get disability for anxiety? ›The Judge will swear you in, ask about your work history, your medical treatment, and your daily life. After the hearing, most claimants can expect to get a decision in the mail within two weeks to six months.
What do I do if I can't work due to anxiety and depression? ›
You should seek the help of medical professionals such as a psychotherapist, psychologist, or psychiatrist if you experience prolonged periods of a low mood, aversion or disinterest in activities or work, disruptions to your sleep, or thoughts of suicide or self-harm.
How does depression and anxiety affect your ability to work? ›A person who is depressed or anxious finds it hard to concentrate. That often manifests as reduced productivity. It may take an employee longer to complete tasks than usual or they may begin to miss deadlines because they can't focus long enough to get their work completed on schedule.
Why is it so hard to get disability for anxiety? ›It can be difficult to claim Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits on the basis of an anxiety disorder diagnosis because the medical evidence supporting the diagnosis is (1) highly subjective, and (2) is based on hard-to-document criteria (e.g., feelings and behavior ...
What happens if you can't work due to anxiety? ›If you find you cannot work due to mental illness, you may be able to obtain Social Security Disability Insurance benefits. You must provide proof of the mental health disorder by first receiving an official diagnosis of mental illness. Also, SSDI does not pay benefits until after the fifth month of disability.
Why does disability want me to see a psychiatrist? ›In disability claims, if there is not sufficient medical evidence in your records to support your claim, or if the Social Security Administration (SSA) believes more information is needed, they may send you to a psychologist or psychiatrist for a mental status exam (MSE).
How long can you get disability for depression? ›Policies that contain a Mental Illness Limitation typically limit your benefits to two years if you are disabled due to a psychiatric condition such as depression or anxiety.
How do doctors diagnose you with depression? ›To diagnose depression, a doctor performs a physical exam, asks about your symptoms, and recommends a blood test to determine if another condition, such as hypothyroidism, is causing your symptoms. If the doctor does not find an underlying cause of your symptoms, he or she performs a psychological evaluation.
What is the highest disability rating for depression? ›A VA rating for anxiety, depression, and/or adjustment disorder is stated as a percentage, from 0% to 100%. These ratings mainly look at your occupational and social functioning, although your ability to take care of yourself (hygiene, grooming) is also considered.
Who is depression a major cause of disability for? ›Does Depression Make You Eligible for Disability? Depression is considered a psychiatric disability under the Americans with Disabilities Act (ADA). It's a significant mood disorder that's known to interfere with daily activities, which may include your ability to work.
Is depression a disability yes or no? ›Yes, the Social Security Administration (SSA) considers depression a disability. This is because they recognize how severe the condition can be and how deeply it can affect people's lives.
What are the levels of depression? ›
Types of major depression include melancholia, psychotic and antenatal or postnatal. You may be diagnosed with mild, moderate or severe depression.
What is the C&P exam for anxiety? ›Compensation & Pension (C&P) Exams for Anxiety
Veterans will typically meet with a VA doctor and discuss their medical history, time in service, and current condition. The VA examiner will also ask about the veteran's current symptomatology to determine the severity of their anxiety disorder.
While some anxiety symptoms and PTSD symptoms clearly overlap, the difference is that with anxiety, the intrusive thoughts, persistent worry, and other difficulties are generally not tied to a specific or past event, whereas in PTSD, they are.
What not to say in a disability interview? ›- No one will hire me; I can't find work. ...
- I am not under medical treatment for my disability. ...
- I have a history of drug abuse or criminal activity. ...
- I do household chores and go for walks. ...
- My pain is severe and unbearable. ...
- Legal Guidance When SSDI Benefits Are Denied.
- Utah — 47% approval rate.
- Connecticut — 47% approval rate.
- Colorado — 47% approval rate.
- Rhode Island — 47% approval rate.
- Virginia — 48% approval rate.
- Minnesota — 49% approval rate.
- Illinois — 49% approval rate.
- Washington — 49% approval rate.
A 100% VA Disability Rating can be given for a single severe condition or for a group of conditions whose ratings can be combined using VA Math to equal 100%. A 100% VA Disability Rating is commonly given to veterans who have two or more limbs paralyzed or amputated, or for active diseases, like tuberculosis or cancer.
Is long term depression and anxiety a disability? ›If your mental illness has a significant, adverse and long-term effect on your ability to carry out normal day-to-day activities, it is likely you are protected under disability discrimination law. This includes people who had a disability in the past. The law considers the effects of an impairment on the individual.
Can you get partial disability for anxiety and depression? ›Yes, mental health can qualify for short-term disability, depending on your specific situation. To qualify, you must be able to show that your mental health condition is preventing you from working or performing the essential duties of your job.
Is anxiety a reason for long term disability? ›If you've been diagnosed with an anxiety disorder, your symptoms may significantly interfere with your ability to perform your job duties. You may consider filing a long term disability insurance claim due to your anxiety.
What is the mental status exam for SSDI? ›The Mental Status Exam
Your memory, awareness, mood, and language skills will all be evaluated by medical professionals in a Mental Status Exam (MSE). You may be asked to remember a few words throughout the exam, discuss your childhood, view images, and describe what you see.
How do you get diagnosed with anxiety? ›
To diagnose an anxiety disorder, a doctor performs a physical exam, asks about your symptoms, and recommends a blood test, which helps the doctor determine if another condition, such as hypothyroidism, may be causing your symptoms. The doctor may also ask about any medications you are taking.
Can you claim for anxiety and depression? ›It is certainly possible to be eligible to claim PIP (personal independence payment pip) if suffering from a mental health condition such as depression or anxiety but it very much depends on how the mental illness affects you.
What are reasonable accommodations for anxiety and depression? ›Reasonable accommodations for anxiety can include remote work, a support animal, a rest area, a modified break schedule, a flexible schedule, and shifts in schedule. The type of anxiety you have, your limitations, and your employer's resources will determine what accommodation is appropriate.
How does depression and anxiety affect your everyday life? ›Digestive disorders, heart disease, obesity and chronic pain are just a few of the potential physical effects of anxiety and depression, especially those left untreated. Other health problems associated with depression and anxiety include substance use disorders, respiratory illnesses and thyroid issues.
Can you work with severe anxiety? ›To a large extent, treating those with anxiety disorders is a process of educated trial and error. Needless to say, severe cases of anxiety disorders can affect your performance at work, making it difficult or impossible to hold down a job for any meaningful period of time.
Why are mental health disability claims denied? ›Poor Treatment Notes
One of the biggest problems we face in a disability claim for a mental illness is the fact that many mental health providers (psychologists, psychiatrists, counselors, etc.) keep relatively poor notes. Sometimes the notes are too abbreviated to collect any useful information from them.
Handling time pressures and multiple tasks: difficulty managing assignments, prioritizing tasks, and meeting deadlines. Inability to multi-task work. Interacting with others: difficulty getting along, fitting in, contributing to group work, and reading social cues.
Should I say I have a disability anxiety? ›Any individual with a psychiatric disability is protected by the Americans with Disabilities Act (ADA). Anxiety disorders, and SAD in particular fall under this designation. Under the ADA, you are not required to disclose your psychiatric disability unless you wish to request accommodations in the workplace.
What mental illness makes it hard to keep a job? ›Considering that anxiety is commonly linked to stress, it's no surprise that many people can't get a job due to anxiety or struggle to keep their positions because of conditions like social anxiety or generalized anxiety disorder.
What to do when you can't work? ›If you've lost your job, check your state's unemployment insurance program to learn what benefits are available. The U.S. government also offers programs to help people pay their bills – including rent, telephone, home energy costs, medical, and prescription drugs.
Is anxiety a form of mental illness? ›
Anxiety disorders are a type of mental health condition. Anxiety makes it difficult to get through your day. Symptoms include feelings of nervousness, panic and fear as well as sweating and a rapid heartbeat. Treatments include medications and cognitive behavioral therapy.
How do I know if my mental health is a disability? ›Mental illness is a disability when it disrupts performance and negatively influences a person's day-to-day activities. The degree and extent that a person's functioning is impaired is another important factor in defining mental health disability.
What is an example of psychiatric disability? ›'" Examples in EEOC's Psychiatric Enforcement Guidance include anxiety disorders (which include panic disorder, obsessive compulsive disorder, and post-traumatic stress disorder), bipolar disorder, schizophrenia, major depression, and personality disorders.
Will a psychiatrist tell you your diagnosis? ›You have specific rights when disclosing your diagnosis as a client receiving therapy. For example, it's your right to ask your therapist to tell you if they believe you have a mental health condition. If you want a diagnosis, you can ask your therapist upfront.
Why is it so hard to get disability for depression? ›It can be difficult to bring a claim for disability benefits on the basis of anxiety or depression because the evidence used to support the diagnosis is based on subjective criteria. Objective measures, like an X-ray or a blood test, cannot tell your doctor what you are thinking or feeling in your day-to-day life.
How much disability do you get for depression? ›The 70 percent disability rating criterion for depression and anxiety is the most inclusive insofar as it represents a wide array of symptoms, including a progression of symptoms noted in the lower disability ratings.
Should you say you have a disability on a job application if you have depression? ›According to the ADA, employers can't require applicants or employees to disclose a disability (with a few exceptions described below). So, in most cases, disclosing a psychiatric disability is a choice, not a requirement.
Is depression a serious disability? ›Depression is considered a psychiatric disability under the Americans with Disabilities Act (ADA). It's a significant mood disorder that's known to interfere with daily activities, which may include your ability to work. Depression sometimes becomes so severe that you can no longer go to work.
Does long term depression count as a disability? ›The law on disability discrimination
For example, someone with a mild form of depression with minor effects may not be covered. However, someone with severe depression with significant effects on their daily life is likely to be considered as having a disability.
Check with the mental health agency where you receive mental health services. Your state may offer several different ways to find employment, including: Vocational rehabilitation (rehab) services. Rehab services help a person with a serious mental health condition or disability find and keep a job.
Should I answer the disability question? ›
The short answer is no. You are not legally required to mention your disability while you're being considered for a job. You do not need to disclose your disability on your resume, cover letter, or other application materials, or during your interview.
What are reasonable accommodations for depression? ›If you need time off to seek treatment or manage your depression, receiving unpaid leave or having the opportunity to use accumulated paid leave may be a reasonable accommodation.