What Are My Rights
First, it is essential to remember that you have rights, and they are protected under the ADA. The ADA is a law designed to protect those with disabilities against discrimination everywhere, from the workplace to transportation and access to social services programs.
Due to the ADA, those experiencing conditions that impact their ability to work may receive financial compensation and reasonable work accommodations. Special work accommodations can include time allowed for therapy appointments, remote work, and a leave of absence.
Employment Insurance Sickness Benefits
EI sickness benefits are a temporary disability benefit. They are paid through the federal governments employment insurance program. EI pays 55% of your salary for 15 weeks.
To qualify, you must have paid into the EI program recently. You pay through deductions from your paycheque. These are automatic. So, if you got an official paycheque, you paid into the EI program.
You apply for EI benefits online through Service Canada. You can apply from home or at any Service Canada office. Your doctor needs to fill out a form to confirm that you cant work for the 15 weeks that EI covers. And finally, your employer will need to issue a Record of Employment to confirm your sick leave.
Please note: If you qualify for short-term disability, then you cant claim EI benefits at the same time.
You can learn more about EI by visiting our article on the EI sickness benefits program.
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This program was created to help people who are very low income receive additional benefits. The amount of money youll qualify for depends on multiple factors. On average, the monthly payment for SSI was $733 for individuals and $1,100 for couples .
Children may be eligible for SSI benefits if their family is considered very low income and the child has an impairment that causes functional limitations for at least 12 months.
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Identifying Individuals At High Risk For Permanent Disability From Depression And Anxiety
- Department of Psychiatry, Social Psychiatry and Psychotherapy, Hannover Medical School, Hannover, Germany
Mental illnesses, among which depression and anxiety are most common, are the leading cause for permanent disability. It is of interest to know what case characteristics determine if a person returns to the work force in spite of mental illness to tailor specific interventions. So far, there has been little research into this field. In the present study a sample of 202 workers who had permanent disability due to depression/anxiety were followed-up on. 22% started some kind of work during follow-up in a period of 30 to 75 months. Logistic regression analyses showed that quick progression into disability, short period of disability, younger age, adequacy of income replacement through insurance benefits and no previous disability predicted return to work. These findings also allow to identify individuals at high risk for progression into permanent disability that can benefit from supporting interventions.
How Do You Prove You Cannot Work Due To Depression
Anyone who has suffered clinical depression understands that it can ruin your career and relationships alike. However, you should never assume the insurance company will understand how your individual symptoms impact you and your job. To increase your chances of claim approval, you must explain why each of your symptoms prevents you from performing your job duties.
For example, during a depressive episode, you be unable to get out of bed due to your severely depressed mood and fatigue forcing you to call in sick. You may be preoccupied with your debilitating symptoms and unable to focus, concentrate, or pay attention during an important meeting or telephone call with your biggest client. Or your lack of interests, low energy and feelings of hopelessness may make routine tasks seem overly stressful or cause you to procrastinate and miss a strict deadline.
There are many ways depression symptoms can impair your ability to work. These need to be explicitly outlined in your evidence when submitting your claim.
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Social Security Disability Insurance
SSDI is the first program you may consider if depression has disrupted your ability to work. To qualify for the program, you must:
- prove you havent been able to work for at least 12 months
- have paid Social Security through paycheck deductions for the last 5 out of 10 years
The exact SSDI benefits you receive depend on your individual contributions to the Social Security system during your working years. On average, people on SSDI receive $1,165 per month as of 2014.
How To Prove Your Depression Disability
Serious depression may be more common than you think. According to the National Institute of Mental Health, approximately 19.4 million U.S. adults had a least one major depressive episode in 2019. Thats nearly eight percent of the adult population. Depression is a serious condition, and if its preventing you from working and leading your life, there is support out there.
Depression could qualify as a disability. Disability benefits can be an essential source of resources for people who are struggling. And if you need to seek disability for this condition, Fusco, Brandenstein & Rada, P.C. is ready to help.
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Depression And Its Symptoms
Major depression is different than the blues that people normally experience. Depression comes with significant symptoms. These could include:
- Sleep disruptions, including oversleeping and insomnia
- Sadness and hopelessness
- Trouble concentrating, thinking, or remembering
- Loss of interest in most or all activities
- Shifts in appetite including overeating or undereating
How Can I Apply For Disability Under Ssa
To be eligible for SSDI, you must first have paid into Social Security through a past job long enough to accrue credits.
Credit requirements for benefits change annually. As of 2021, you need an average of 40 credits to receive SSDI disability benefits for depression.
You can earn only 4 credits every year. Most people may need to work an average of 10 years at a job paying into Social Security to apply for SSDI.
SSI has less demanding requirements because its designed to help you meet basic income needs for clothing, food, or housing.
To qualify for SSI, you must:
- live with a disability or be at least age 65
- have limited income
- have limited resources
- be a U.S. citizen, U.S. national, or qualified noncitizen
- reside in one of the 50 states, the District of Columbia, or the Northern Mariana Islands
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How Can A Lawyer Help
Many people think they can handle a disability claim on their own. But there are many complex technical and medical requirements that can trip up people who arent used to the process of applying for benefits. That could lead to a technical denial that could prevent you from getting the benefits you need.
Our lawyers work with the SSA and other disability claims all the time. They know the rules, the system, and your rights. They also know what a claim needs as supporting documentation, and they can work to make your claim as strong as possible. Your Fusco, Brandenstein & Rada, P.C. lawyer can gather the evidence you need, complete all the paperwork, and keep you up-to-date on your claim.
And if a claim is denied, your lawyer can argue for reconsideration or can even appeal the claim. That could lead to a reversal of the denial. In fact, according to the SSA, reconsideration and further hearings average made up about ten percent of awarded claims. That means that even if a claim is initially denied, reconsideration and other processes could be an important part of your case.
What Do I Do If My Claim Is Denied
The majority of applications are denied, but dont let a claim denial deter you. If you feel you cannot work because of your medical conditions, appeal the denial within 60 days.
Appealing an initial denial moves your claim to the second stage, which is called Reconsideration. Social Security assigns your claim to another disability examiner to reconsider the evidence. Social security may send you reports to complete, or schedule an evaluation with a doctor. It is important to your case that you comply.
The bad news is that most claims that reach the Reconsideration level are denied.
The good news is that if you appeal within 60 days you move to the third level, the Hearing, which is when the majority of applications are approved.
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What Are Counted As Resources
Lets start by whats NOT counted. The following items are NOT counted when SSA computes your resources:
- Any back benefits you will receive as a result of your favorable decision
- The home you live in and the land it is on, if its your primary residence
- Your household goods and personal effects
- One vehicle, regardless of its value, if it is used as transportation
- Grants, scholarships, fellowships, or gifts set aside to pay educational expenses, for a limited period of time after receipt
- Burial spaces and burial funds, up to a certain limit
- Life insurance policies, up to a certain limit
- Property thats essential to supporting yourself
WHAT DOES COUNT:
There are additional items that are NOT counted these are the most common.
It means that if you stopped using drugs or alcohol for three months or more and you were therefore no longer disabled, its a material component of your disability. On the other hand, if you stopped using drugs or alcohol for a period of three months or more, and you were still disabled due to other impairments, drug or alcohol is not a material component.
If you are actively using drugs or alcohol and your only impairment is mental, you are likely to have difficulty being approved for benefits.
If drug or alcohol addiction is found to be a material component of your disability, you cannot receive benefits.
Gather All The Required Information
If you have thought of completing the application procedure on your own, your next step will be to research SSDI and then determine whether you are eligible.
If you think you qualify for SSDI, you need to notify your health care provider. He may need their sign to share your records and all details with Social Security Administration. You may ask for a few copies also for records.
However, before applying for disability, you need to gather some of the information described below.
- Social Security Number
- You need to have documents showing your dates of birth, like a birth certificate or driving license.
- Name, phone number, and address of the doctor treating you and dates on which you have taken service from the doctor.
- Name and dosage of the medication you are taking to treat major depression.
- Laboratory results in past
- Copy of federal tax return
- Description of all your past job life
Once you have collected all the above documents, you are ready to complete your application.
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S To Apply For Ssa Benefits
You can apply for depression disability benefits online, in person at your local office, or on the phone: .
Step one: Gather your information
To apply, you may need the following information:
- birth dates, Social Security numbers, marriage status of you and people in your household
- financial institution information
- healthcare team information to verify diagnosis
- detailed information about the disability you live with and treatments youve undergone
- name, address, and employment information for up to five previous jobs
- information on benefits youve received
- legal documents such as birth certificate, military ID, W-2 forms, benefit certificates
Step two: The application
Complete and submit your application.
Step three: The review
After you submit your application, it will go to the SSA for review to ensure you meet the basic disability requirements.
Part of the review process will be looking at your work history to verify you qualify for SSDI benefits or have current work activities.
Step four: Application processed
If your application is approved, it will be forwarded to the Disability Determination Services office in your state. This is the office that will make the final decision regarding your benefits.
Step five: Notification
Approval or denial of disability benefits for depression will come by mail.
You can check the status of your application through your online account or by calling 800-772-1213 .
What Is The Americans With Disabilities Act
The Americans with Disabilities Act was passed in 1990 to help protect the rights of individuals with disabilities.
The act provides guidelines to serve and protect people with disabilities around employment, government services, public accommodations, transportation, and telecommunication .
The ADA covers both physical and mental impairments, including depression.
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Medical Vocational Allowance For Depression
The standard of proof for getting disability benefits for depression is high, and some people may not meet the standard but still are unable to work. If that happens you can still be eligible for disability benefits under the Medical Vocational Allowance. To qualify this way you need to download the Residual Functional Capacity evaluation form from the SSA website. Your doctor or psychologist needs to fill out this form and provide detailed information about your illness and the limitations you have as a result of that illness.
Then, the SSA will look at the RFC evaluation and your work history, the skills you have, and the limitations caused by your illness. They will try to find some type of work that you can do with the skills and limitations that you have. If they cant find any kind of work that you can do then you will be eligible to receive Social Security disability benefits.
How Do You Know If Your Mental Health Illness Is A Disability
The charity Mind says you can ask yourself these three questions to find out:
If you answered yes to all three questions, then your mental health problem could get the protection of the Equality Act.
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Starting A Disability Claim For Depression
You can apply for Social Security disability benefits online at your convenience. You can access the online application from anywhere at any time and pause the application process as much as you need to. Or you can call the SSA at 800-772-1213 to set up an appointment to fill out an application for disability benefits.
When you fill out your application, include a detailed description of how your depression affects:
- your daily life and the activities you used to do
- your social functioning and how often you get out of the house
- your ability to concentrate and complete tasks quickly and follow directions, and
- how often you have episodes of worsening symptoms.
If you have both depression and a physical impairment that makes it impossible for you to work , consider hiring a disability lawyer to help you file your Social Security claim. And if your initial claim gets denied, an attorney can help you file an appeal with the SSA.
|Take our disability quiz to help you determine whether you qualify for benefits.|
Medical Evidence Required For Disability Based On Depression
Your treating doctor will need to submit a comprehensive psychiatric report and a well-documented psychiatric medical record to the SSA that shows the history of your depression. Your psychiatric record should include:
- all treatments you tried, including the types of medication and therapy
- how effective each treatment or medication was , and
- the side effects of each treatment.
Your doctor should also include detailed examples of how your depression affects your daily activities and your ability to hold a job.
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Can You Get Disability For Depression
Depression is considered a disability. The Social Security Administration has a listing for depression, and if you can meet those criteria by providing extensive medical evidence and other supporting documentation, your claim will be approved.
You will need to provide exam notes, any mental testing records, reports from your therapist or counselor, and notes from any psychiatrist or psychologist who has treated your condition. The more evidence and documentation that you can provide, the more likely you are to have a successful claim.
A residual functional capacity form completed by your physician can be essential to the success of your disability claim. It will detail what you can and cannot do physically and mentally. When it involves depression, it will detail your ability to focus, if you have difficulty concentrating, your memory skills, your social skills, and your overall mental state.
It will help the disability examiner get a full picture of what you can and cannot do. The RFC can help the disability examiner determine if you meet the criteria of disabled and qualify for disability benefits.
You will need to provide medical records detailing your treatment and whether it has helped. As an example, any prescription drugs you have taken, if you have undergone therapy, and whether the treatment has helped in any way.
The Law On Disability Discrimination
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.
Currently, the law considers the effects of an impairment on the individual. 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.
Many people with a mental health condition do not think of themselves as having a ‘disability’ – but they may have rights supported by disability discrimination law.
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