Is Depression Considered a Medical Disability?

Is Depression Considered a Medical Disability?
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Whether you had a bad day or just feel blue, it’s normal to feel down every now and again. However, when those periods of feeling blue seem to drag on endlessly and then recur as soon as they dissipate, you could be suffering from depression.

Chronic depression can interfere with every aspect of someone’s life, making it almost, if not, impossible to go to work or perform activities of daily living. If you suffer from severe depression, there are times when even antidepressant medication doesn’t seem effective as it should.

At this point, how do you know if your depression is actually a medical disability?

Types of Depression

The diagnosis of depression is not a one-size-fit-all diagnosis. There are multiple degrees of depression as well as types.

Manic Depression

Manic depression, also known as bipolar, is characterized by periods of depression and mania. During manic episodes, those afflicted may have inflated levels of self-esteem, need less sleep and have racing thoughts. Mania is often followed by periods of depression, which can range from feeling sad to suicidal ideation.

Major Depressive Disorder

A major depressive disorder is diagnosed when someone suffers from feelings of worthlessness and guilt. Changes in appetite, as well as sleep patterns, are usually present as well. To be diagnosed with MDD, one must exhibit symptoms every day for at least two weeks.

Dysthymia

Dysthymia is a type of depression that has symptoms similar to those found in someone with Major Depressive Disorder. However, the severity of symptoms is usually less severe and typically occurs over several-year periods.

Criteria for Medical Disability

In order for a person to be qualified under the SSA’s listing for depression, it must be characterized by at least these four factors.

These factors include:

  • A decrease in energy
  • A difficulty in doing regular, daily activities
  • Thoughts of suicide
  • Persistent feelings of guilt or worthlessness
  • Hallucinations
  • Being in a constant state of paranoia
  • Difficulty sleeping

Furthermore, the SSA also requires a person’s depression cause two of the following issues:

  • A restriction of daily activities
  • Issues maintaining focus and concentration
  • Recurring symptoms that worsen over time
  • Issues with maintaining social functioning

As an alternative, people are able to qualify without fitting the criteria listed above. However, this is only happening if the recovery goes smoothly with support, but the recovery is weak and they’re likely to fall back into it.

Qualifications for Reduced Functional Capacity

Should someone be unable to qualify for the requirements above, the SSA will take the symptoms into consideration. After considering the severity of the symptoms, they will judge your ability to do daily activities and if there’s any kind of work for you to do. The SSA will give the person a rating on the type of work they may be eligible to complete. It can be either skilled work, semi-skilled work or unskilled work. This is known as a residual functional capacity, also referred to as an RFC. Since depression is a mental disorder, this will be treated as a mental RFC instead of a physical one.

Required Documentation

The physician treating you will need to submit a comprehensive psychiatric evaluation as well as a well-documented psychiatric record, which shows your history or depression. Your psychiatric record also needs to include all attempted treatments, the duration of each and the final outcome. In addition, it also needs to include the types of medication, if any, types of alternatives therapies and the side effects you experienced, if applicable. Your physician also needs to clearly define how depression has affected your daily life and how it’s prevented you from maintaining employment.

Attorney Jeff Preszler from Preszler Law says that the Canadian Mental Health Association considers depression to be a medical disability, provided it’s sufficient to prevent the sufferer from carrying out job duties, and obtaining medical disability for depression is a multi-factorial process. As mentioned previously, to be awarded medical disability for depression, you must meet the set criteria, have required documentation and under the care of a certified physician, psychologist or psychiatrist.

What to do if you are denied

If you file your claim on your own and are denied, it’s highly suggested that you seek the assistance of an attorney who specializes in this sector. Without proper guidance, it’s easy for those who are truly suffering to fall through the cracks.

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