Depression
Depression is a condition characterized by sadness which is typically accompanied by other feelings, such as tiredness, a change in appetite or sleep habits, or a sense of guilt or worthlessness.
Depression affects more than 1 in 20 Americans at any given time, and is often considered to be the “common cold of mental health.” Unlike ordinary sadness or grief, it interferes with the activities of daily living, impairs work performance, or lasts for an extended time.
Fortunately, depression can be treated with various forms of psychotherapy, or by means of medication. Both cognitive therapy and interpersonal psychotherapy are used to treat depression. Sometimes, depression is complicated by other factors that make treatment more difficult; it is common, for example, for people to be unable to afford treatment. In addition, even if depression is successfully treated, it may still make it harder to get a job in today’s tough economy.
If your depression is accompanied by at least four of the following symptoms:
- Pervasive loss of interest in almost all activities;
- Appetite disturbance with change in weight;
- Sleep disturbance;
- Psychomotor agitation (hyperactivity) or retardation (slowness);
- Decreased energy;
- Feelings of guilt or worthlessness;
- Difficulty concentrating or thinking;
- Thoughts of suicide; or
- Hallucinations, delusions, or paranoid thinking
which are so severe that:
- the disorder results in at least two of the following –
- Marked restriction of activities of daily living,
- Marked difficulties in maintaining social functioning,
- Marked difficulties in maintaining concentration, persistence or pace, or
- Repeated episodes of worsening, each of extended duration; or
- the disorder is documented to be of at least 2 years’ duration, has caused more than a minimal limitation of ability to do basic work activities, and is currently being treated, but in spite of treatment, at least one of the following conditions is true –
- there have been repeated episodes of worsening,
- even a minimal increase in mental demands or change in the environment would be predicted to cause the condition to get much worse, or
- for at least one year, you have been unable to function outside a highly supportive living arrangement, with an indication of continued need for such an arrangement
and, if it is expected to last a year or longer (as determined by the Social Security Administration), then you qualify for disability benefits. For example if you feel depressed, feel so tired that you sleep constantly, have little energy when you are awake, have difficulty concentrating, and your body moves slowly when you try to do something, and this makes it impossible for you to function, and the Social Security Administration thinks this will last a whole year, then you would qualify. By the way, “marked” difficulties simply means difficulties that are worse than “moderate,” but not necessarily “extreme.” Whether the difficulties are “marked” is a judgment call; if your doctor has an opinion, the Social Security Administration must at least consider it.
Now the conditions listed above are not the only ones under which depression may contribute to a disability. For example, many people who suffer from chronic physical illnesses or disabilities – especially those that cause pain – will suffer from depression. Sometimes, the physical disability might (believe it or not) not be sufficient to qualify you for benefits. However, the law says that the Social Security Administration is supposed to consider the combined effect of all severe “medically determinable impairments” – mental and physical – from which you suffer. Therefore, it is possible that a painful physical disability, when combined with the resulting depression, may qualify you for Social Security disability benefits.
Often the Social Security Administration will not adequately consider the combined effect of the impairments. A good lawyer can help the Social Security Administration to fully appreciate the severity of these combined disabilities. Call us at 1-866-646-0626, and find out what a lawyer can do for you.
