Categories: Legal Articles

4 Tips to Win a Social Security Disability Claim for Depression

Depression is the second most common medical condition listed on Social Security disability applications. Therefore, Social Security decision makers are very reluctant to approve depression cases unless you have the right things in your medical records that set you apart from the crowd. Here are 3 Tips on how to win your depression case.

    1. Treat With A Therapist, Psychologist, and Psychiatrist: Simply put, there is no “x-ray” type of test for depression or anxiety. Social Security decision makers will rely on your therapist, psychologist, and psychiatrist notes/conclusions to make a decision on your case. Therefore, it is of utmost importance that you frequently visit your therapist, psychologist, and psychiatrist.

 

    1. Educate Your Mental Health Doctor Of Your Symptoms: Remember Social Security Judges rely on your doctors notes when making a decision on whether you can work! Specifically, the judges are looking for symptoms in the notes that impact your daily functioning and your ability to work. Often, this is not going to be in the medical records unless you make it your business to tell your doctor about these problems. Work-impairing symptoms from depression include:
      • A poor capacity for attention and concentration
      • Poor memory
      • Distracting Thoughts
      • Problem interacting appropriately with co-workers, supervisors or the general public
      • Inability to get through the workday in an emotionally stable manner
      • Poor capacity to maintain focus
      • Distractions caused by irrational fears
      • Medication side effects: Side effects from medication may enhance depression symptoms such as the inability to think clearly, concentrate, or remember things
    2. Have Your Doctor Fill Out a Depression Functional Capacity Form (RFC): At Ellis & Associates we take a substantial amount of time studying your medical record and creating a checklist form (called a “functional capacity” form) that translates medical findings into work limitations. We know which vocational factors carry the most weight with Judges in a particular hearing office. You will need to give this form to your doctor. Most caring physicians will agree to spend ten or fifteen minutes to complete a form that can dramatically better your life. If your doctor refuses to cooperate, you may want to think about finding a more cooperative doctor.

 

  1. The Most Important Evidence: As noted above, a significant percentage of Social Security claimants allege depression or anxiety. Therefore, judges are hesitant to approve depression cases, especially younger (under age 50) claimants, unless the treatment records contain evidence of in-patient hospitalizations, suicide attempts and multiple unsuccessful work attempts.
Ellis & Associates

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