DISABILITY FOR DEPRESSION OR MENTAL DISORDERS

Psychological or mental disorders certainly affect an individual's ability to work.  A great many disability claims boil down to a person's ability to consistently perform the mental tasks of work.  So, Social Security does pay for severe psychological impairments--such as depression, PTSD, panic disorders, schizophrenia, anxiety, etc.

DOCUMENTATION.  My experience tells me that mental impairments need special documentation and evidence.  First, there needs to be a history of treatment by a mental health professional, either a psychiatrist or licensed clinical psychologist. (Nurse practitioners are not helpful with Social Security claims). Second, the patient must be compliant with recommended treatment.  Third, the doctor needs to provide a statement detailing how the patient is restricted in the ability to perform specific work-related activities.

Problems that often arise with this type of claim:

•  There hasn't been enough work history, or not enough recent work, for the required quarters of coverage.  The claimant is "not insured" by Social Security.
• The claimant has little or no medical treatment for mental disorders.
• The claimant has had some medical treatment but is not non-compliant (refuses or neglects to make medications, does not follow up with doctors appointments, etc.). 
• There has been some medical treatment but not by a mental health professional--often a nurse practitioner has been used, which Social Security does not recognize as an 'acceptable medical source.'  Even family practice doctors don't get the same weight as a psychiatrist or licensed psychologist.
• A history of drug or alcohol abuse can hurt any claim, especially one based on mental health issues.

It isn't enough for the claimant to tell the judge that he is depressed, despondent, nervous or has panic attacks.  There must be medical evidence of severe, ongoing and chronic problems that would convince a judge that the claimant cannot work.

 All this having been said, many of our clients do get approved for disability based on mental disorders.  Before we move forward with a case, we evaluate the available evidence and try to get more evidence when appropriate.