Va Disability For Major Depressive Disorder
Not all injuries incurred during active duty are physical. Many veterans experience mental injuries connected to their service as well. If you are seeking VA disability for major depressive disorder, you must show evidence that you have suffered from at least two major depressive episodes lasting at least two weeks and that the condition impairs your daily life. It can be extremely discouraging to receive a denial on your initial claim, but thats where an experienced VA disability attorney can help. Your lawyer will help you gather the documentation necessary to make your disability appeal successful.
What Is A Substantial Limitation
You don’t have to be completely incapable of sleeping, concentrating, or thinking, for example, to be substantially limited in performing these major life activities. Under the ADA, you are substantially limited if your ability to perform these tasks is limited in comparison to the general population. In making this determination, your employer should consider the manner, duration, and condition in which you can perform the activity. For example, if you can sleep for only a few hours a night, your ability to sleep is substantially limited. If it’s very difficult for you to concentrate, and you can’t focus for more than short periods of time, your ability to think is substantially limited.
The ADA does not consider “mitigating measures”âmedication or other devices or assistance you might use to ameliorate the effects of your disabilityâwhen determining whether you are substantially limited. For example, if you have suffered several episodes of major depression, but your condition is currently controlled with medication, you still have a disability even though you may show no signs of impairment. The key is how your condition affects you when it is active and untreated.
How Does The Va Rate Major Depressive Disorder
The VA considers depression to be a mood disorder. The condition frequently causes symptoms such as a depressed mood most of the time, loss of interest in activities that were previously enjoyed, sleeping more than usual, fatigue and loss of energy, and negative thoughts or even thoughts of suicide.
The VA rates major depressive disorder as follows:
- If the veteran has been formally diagnosed with the condition but is not experiencing symptoms severe enough to interfere with their ability to function at work, home, or in social occasions, and they are not taking continuous medication to treat the condition, the condition is not compensable.
- If mild symptoms come and go and occasionally decrease work efficiency or the ability to perform tasks, a 10 percent rating is given.
- Occupational and social impairment that involves at least one episode a week of anxiety, suspiciousness, or panic is generally rated at 30 percent.
- A 50 percent rating is given if the veteran experiences reduced reliability and productivity due to episodes of depression that occur more than once a week.
- A 70 percent rating is given if the condition results in deficiencies in all aspects of the veterans life and interferes with their ability to conduct simple, day-to-day activities.A 100 percent rating is given if the veteran is completely socially and occupationally impaired and subject to a persistent danger of hurting themselves or others.
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What Can Cause Ssdi Benefits To Cancel
While receiving SSDI benefits, your treatment continues simultaneously.
Once recovery is met, people opt for more stable jobs.
Reasons for the cancellation are:
- Medical Improvement
- Going about the Income or Asset Limits
- Turning 18 if one was on the benefits of the parents
- Changes in life situations
You can also secure your SSID benefits along with your work, but to do that, you are required to follow certain rules:
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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Need An Independent Medical Opinion To Help Service
The VA Claims Insider Elite Program utilizes a proprietary education-based process to identify gaps in your record to ensure service-connection of your current disabilities, and the highest rating possible under the law.
If you have been denied before or are currently underrated and need to service-connect your depression VA Claim,
Deserve a HIGHER VA Rating?
Learn more about how VA Claims Insider can help you get the rating you DESERVE!Speak with a VA Disability expert and start for FREE!
Va Disability Rating For Depression: Recognized Mood Disorders
Before getting too deep into the VA disability rating for depression, it is important to understand how the condition is characterized.
According to the VA, depression is considered to be a mood disorder, and they recognize two different types of depression under this category.
These include major depressive disorder and dysthymic disorder. Lets take a closer look at these two types of depression.
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Depression And The Americans With Disabilities Act
The ADA does not contain a definitive list of medical conditions that constitute disabilities. Instead, the ADA defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more “major life activities,” has a record of such an impairment, or is regarded as having such an impairment. For more information about how to determine whether a person has a disability under the ADA, see How to Determine Whether a Person Has a Disability under the Americans with Disabilities Act Amendments Act .
Is There A Specific Listing For Depression
The Social Security Administration recognizes depression under Listing of Impairments 12.04: Affective disorders, which can be found on the Social Security Administration website. However, because most of the listing is structured using medical terminology, it can be quite difficult to know whether you will meet the listing for depression. If you or a family member suffers from severe depression and are unable to work and want to know more about whether you might qualify for Social Security disability benefits, .
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Is Major Depressive Disorder A Serious Mental Illness
Yes, major depressive disorder is a serious mental illness. It affects how you think, reacts, and do tasks in everyday life. The condition may also impact your sleeping habits, weight and appetite, and your ability to enjoy life.
Major depression means when you feel depressed for most of the day every day for more than two weeks. It can happen at any age but mainly begins in adulthood.
The exact cause of major depression is still unknown, but important life events like the loss of a job or the death of your loved one can be the reason for depression.
People who suffer from diabetes and heart disease are at risk of suffering from major depression. There are mainly four types of major depression. I am listing them below.
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.
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What You Need To Qualify For Ssi Benefits
- You must be 65 or older, blind, or disabled.
- You must have limited income and resources.
- Have U.S. citizenship and live in any of the 50 states, District of Columbia, or the Northern Mariana Islands.
- You cannot leave the country for a full calendar month.
- You cannot be in a government institution, like a hospital or prison.
- The total value of your assets must be $2,000 or less. If you’re married and living together, then the total value for both of you must be $3,000.
- You must apply for any other government benefits you’re eligible for.
- An application is required.
- You’ll need to give the Social Security Administration permission to contact any financial institution to look into your background further.
Contact Fusco Brandenstein & Rada Pc Today
If you need to file a disability claim, get in touch with Fusco, Brandenstein & Rada, P.C. today. Depression is a major condition that can limit your ability to work or even manage your life day to day. Let an experienced lawyer handle the paperwork and frustration of filing your disability claim.
For over 40 years, weve been representing injured and disabled workers and helping them seek the benefits they need. For a free, no-obligation consultation about your claim, call us now at 516-496-0400 or reach out to us online.
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How To Prove A Depression Disability Claim
Because depression is largely an invisible illness, doctors cant verify the seriousness of your symptoms. You will have trouble getting approved for benefits.
No one but you can say how serious your condition is. Disability benefits providers may view your claims with skepticism. After all, you could exaggerate or lie to appear more disabled than you are.
Many people with depression can manage their symptoms and continue working. So, you need to focus on proving that your case is different. Lets go over how to do that.
Establishing A Connection Between Your Military Service And Depression
Before you can qualify for military disability benefits, a professional must establish a connection between your depression and military service. The requirements you must meet in order to prove your depression is service-connected are:
- A current depression diagnosis
- Evidence showing an incident that occurred during your military service likely caused your depression
- Medical evidence linking or showing causation between your current depression diagnosis and that service-related incident
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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.
After You Apply For Benefits For Mdd
After you submit your application, your state’s disability determination services agency will assign your claim to a claims examiner for review. If your examiner doesn’t find enough evidence of your medical condition in your medical records, you may be required to attend an interview or undergo a “consultative mental exam” with an SSA-approved psychiatrist or psychologist to verify your condition. The process can take several months, but the more evidence and medical documentation you are able to provide, the better your chances of being able to get your claim approved.
If you receive a denial letter and feel your case is strong enough to win an appeal, consider contacting a disability lawyer. Applicants who go to an appeal hearing represented by a lawyer have a better approval rate than applicants who represent themselves.
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Enhancing Healthcare Team Outcomes
An interdisciplinary approach is essential for the effective and successful treatment of MDD. Primary care physicians and psychiatrists, along with nurses, therapists, social workers, and case managers, form an integral part of these collaborated services. In the majority of cases, PCPs are the first providers to whom individuals with MDD present mostly with somatic complaints. Depression screening in primary care settings is very imperative. The regular screening of the patients using depression rating scales such as PHQ-9 can be very helpful in the early diagnosis and intervention, thus improving the overall outcome of MDD. Psychoeducation plays a significant role in improving patient compliance and medication adherence. Recent evidence also supports that lifestyle modification, including moderate exercises, can help to improve mild-to-moderate depression. Suicide screening at each psychiatric visit can be helpful to lower suicide incidence. Since patients with MDD are at increased risk of suicide, close monitoring, and follow up by mental health workers becomes necessary to ensure safety and compliance with mental health treatment. The involvement of families can further add to a better outcome of the overall mental health treatment. Meta-analyses of randomized trials have shown that depression outcomes are superior when using collaborative care as compared with usual care.
Va Rating For Depression Frequently Asked Questions
Is Depression a VA disability?
Yes, Depression is a VA disability.
Depression can be rated at 0 percent, 10 percent, 30 percent, 50 percent, 70 percent, or 100 percent, depending upon the Frequency, Severity, and Duration of your mental health symptoms.
The VA recognizes Major Depressive Disorder as one of 31 mental health conditions that may be related to military service, and thus, Depression is a VA disability, and is eligible for VA disability compensation under federal law.
What are the VA disability ratings for Depression?
The VA will give you a disability rating based upon the severity of your Depression, specifically related to your level of occupational and social impairment.
If you are considered service-connected for Depression, you will receive one of six possible VA disability ratings, broken out as follows: 0%, 10%, 30%, 50%, 70%, or 100%.
Can I have more than one mental health rating, such as PTSD and Depression?
You can, but its unlikely.
The reason is because Depression is normally an underlying symptom of another mental health condition, such as PTSD.
The only time a Veteran will be rated for more than one mental health condition is if the mental health symptoms and level of occupational and social impairment can be clearly differentiated among the different diagnosis.
Can I receive Special Monthly Compensation for Depression?
Yes!
Veterans can get an extra $364.77 or more each month, tax-free, if you meet the mental health housebound criteria.
Yes.
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Depression Disability Benefit Programs
Finding yourself in this situation may seem hopeless, but it isnt. There is the hope of solving the problem. The SSDI is a certified program created to support individuals going through the tough phase. The program doesnt cater to every person battling depression, not unless you fit the criterion used.
When you qualify to receive some benefits if your depression leads to disability, you and your family members receive benefits once you enroll in the program. Supplemental Security Income covers adults and children with less financial capabilities and resources.
Even though the two programs work separately, their main aim is to assist individuals with disabilities, and depression disability is included. If you plan to apply to the program, do your research and know what is required during application to smoothen the process.
The medical requirements for both programs are the same. For the non-medical criterion, you are entitled to monthly benefits if your medical condition lasts a year or longer and if the illness may lead to death.
The requirements for enrollment in disability programs include:
- Inability to work due to depression.
- Assets are lower than $2000 worth.
- Spouses also have insufficient support, and combining you and your spouses assets should be lower than $3000 in total.
- Your depression should be considered severe to be a disability.
- You cannot work based on your current condition, age, disability, and work history.
How To Apply For Disability Based On Depression
If you’re applying for Social Security disability insurance , you can file your whole claim online on Social Security’s website. Applying online is generally the fastest way to apply for benefits, but you can fill out the application at your own speed. Most individuals filing for SSI only can’t file the entire application online, but they can get started on Social Security’s website. If you’re not comfortable online, you can call Social Security at 800-772-1213 to start your claim. For more information, see our article on applying for Social Security disability benefits.
If you’d like help with your application, or you just can’t get started, think about working with an SSDI expert. According to a survey of our readers, applicants who filed an initial application without expert help were denied 80% of the time. Click for a free case evaluation with a legal professional to determine whether your depression is severe enough to qualify for benefits.
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