Can’t work due to anxiety and depression? Many people experience symptoms of anxiety and depression. Anxiety is a feeling of worry, nervousness, or unease. Depression is a mood disorder that causes a persistent feeling of sadness and loss of interest.
Social Security Disability Benefits for Anxiety and Depression
You may qualify for SSDI disability benefits for depression or anxiety disorders. However, you must show that your symptoms interfere with your ability to work. You must also show that you can’t work due to anxiety and depression.
Depressive Disorders
Depression is a very common medical condition listed on Social Security disability applications.
Depressive disorders can cause:
Fatigue,
Decreased energy levels,
Decreased motivation and loss of interest.
Depression and Social Security’s Listings of Medical Impairments
Social Security has a listing of impairments, known as the “Blue Book.” Under the Blue Book, you may qualify for disability benefits if you meet specific conditions. Social Security evaluates depressive disorders under listing 12.04. Additionally, the listings include a list of symptoms. It also includes a list of functional problems. You must show that your symptoms meet these conditions to qualify for disability benefits for depression. First, you must show at least five symptoms of depression to prove that you can’t work due to anxiety and depression.
Symptoms of Depression
Depressed mood, loss of interest, appetite, or sleep disturbances
Observable psychomotor agitation or retardation or decreased energy
Feelings of guilt or worthlessness
Difficulty concentrating or thinking
Thoughts of death or suicide
Second, in addition to having at least three of the above symptoms, you must also prove that your symptoms cause a significant problem in your functioning. Generally, you must have an extreme limitation in at least one area or a marked limitation in at least two areas. These areas of functioning include:
Depression: Four areas of functioning
Second, you must also prove that your symptoms cause a severe problem in your functioning. Generally, you must have an extreme limitation in at least one area. Alternatively, you can have a marked limitation in at least two areas.
These areas of functioning include:
Understanding, remembering, or applying information (understanding instructions, learning new tasks, applying new knowledge to tasks, and using judgment in decisions)
Interacting with others (the ability to use socially appropriate behaviors)
Concentrating, persisting, or maintaining pace in performing tasks (staying focused and completing tasks)
Adapting or managing oneself (the ability to perform daily activities such as paying bills, cooking, shopping, dressing, and keeping good hygiene)
Social Security Definitions of Marked and Extreme
“Marked” means having a serious limitation in that area of functioning. “Extreme” means not being able to function in that area at all. A Social Security psychiatrist or psychologist looks at your medical records to determine if your depressive disorder causes marked or extreme limitations.
Depression and the “C” criteria
Alternatively, you may also meet the listing another way.
Under the 12.04C, you can show your depressive disorder has been:
Serious and ongoing for at least two years, and
You need a very structured environment, such as an intensive outpatient or partial hospitalization program, or
You cannot handle changes in your routine or environment
Anxiety Disorders
Anxiety disorders have many symptoms. They include overwhelming feelings of panic and fear. Additionally, symptoms include constant worry, irritability, insomnia, tiredness, difficulty focusing and constantly looking for threats. Anxiety symptoms can also cause physical symptoms. As a result, your anxiety may cause rapid heart rate, sweating, shaking, nausea, muscle tension, or difficulty breathing.
Social Security looks at anxiety disorders under listing 12.06. In order to qualify for disability benefits, you must have medical documentation that shows three or more anxiety symptoms.
Anxiety symptoms
Restlessness, easily fatigued, or difficulty concentrating
Irritability, muscle tension, or problems sleeping
Anxiety: Four Areas Of Functioning
Additionally, you must also prove that your symptoms cause a severe problem in your functioning. They are the same areas of functioning that are evaluated for depression and include:
Understanding, remembering, or applying information (understanding instructions, learning new tasks, applying new knowledge to tasks, and using judgment in decisions)
Interacting with others (the ability to use socially appropriate behaviors)
Concentrating, persisting, or maintaining pace in performing tasks (staying focused and completing tasks)
Adapting or managing oneself (the ability to perform daily activities such as paying bills, cooking, shopping, dressing, and keeping good hygiene)
Anxiety and The “C” Criteria
On the other hand, you may also meet the criteria under the listing if your anxiety disorder has been:
Required to keep a highly structured setting to reduce your symptoms, such as an intensive outpatient or partial hospitalization program, or
Have minimal capacity to adapt to demands that are not already part of your daily life or changes to your environment
What if My Anxiety or Depression Does Not Meet a Listing?
Your depression or anxiety symptoms may not meet an SSD listing. Fortunately, you may still qualify for Social Security disability benefits. In this case, Social Security will consider your residual functional capacity (RFC). Your RFC is what you can do even with your medical impairments. Particularly, Social Security looks at how your depression or anxiety symptoms impact your ability to work.
Specifically, they consider your ability to:
Carry out simple instructions
Make simple work-related decisions
Respond appropriately to supervision and co-workers and
Handle changes in a routine
Show up to work consistently, arrive on time, or leave early
What You Need For Your SSD Claim If You Can’t Work Due To Depression and Anxiety
It can be difficult to win disability benefits for depression or anxiety alone. However, the right documentation can support your claim. Therefore, it is important that you see your doctor regularly. Tell them about all of the symptoms you have on a daily basis. Also, your disability advocate can explain the evidence you will need to prove you can’t work due to anxiety and depression.
Getting the Right Treatment for Depression and Anxiety
Social Security also looks at what kind of doctor is treating your anxiety and depression. As a rule, it is best to receive treatment from a mental health professional. Typically, these include a psychiatrist or psychologist. You may need to see a specialist to help prove that you can’t work due to anxiety and depression.
RFC Forms If You Can’t Work Due to Anxiety and Depression
If you can’t Work Due to Anxiety and Depression your doctor may also complete a residual functional capacity (RFC) form. An RFC form helps explain how your symptoms are impacting your functioning. Even if you think your medical evidence is strong, an RFC can help clearly explain how severe your symptoms are. Furthermore, it also helps to have your doctor’s opinion in the record. Your disability advocate can provide you with these forms.
Depression, Anxiety, and Physical Impairments
Social Security follows specific rules when making a decision. They look at your age, education, and work background. These medical-vocational guidelines are even more favorable when you have a physical condition in addition to depression or anxiety. These are also known as the Grid Rules. The rules make it easier to get your disability benefits the older you are.
Example 1: Applying the Grid Rules If You Can’t Work Due to Anxiety and Depression
51 years old and worked as a cashier. You have filed for disability due to osteoarthritis of your knees and anxiety. Your osteoarthritis prevents you from standing for long periods. Your anxiety symptoms make it hard for you to concentrate and be around crowds of people. If Social Security found that you could do a seated job that only required simple, routine tasks, you would qualify for benefits under the grid rules.
Example 2: Applying the Grid Rules if You Can’t Work Due to Anxiety and Depression
58 years old and worked previously as a medical receptionist for many years. You have filed for disability due to bulging discs in your back, depression, and anxiety. Your bulging discs would prevent you from performing physically demanding work and your depression and anxiety symptoms prevent you from doing the complex tasks of your previous job. In this case, the grid rules would allow Social Security to award you disability benefits even if you could do other work.
If you can’t Work Due to Anxiety and Depression or any other disability call Disability Help Group now to start your claim or appeal your denial. Feel free to call us at (800) 800-3332 or contact us here for a free consultation.
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Unless there are special rules that apply, the VA will deny service connection for Traumatic Brain Injury (TBI) unless the Veteran can prove a:
Current diagnosis,
In-service event, disease or injury, and
Medical nexus between the first 2 elements.
Reason for TBI C&P Exam
It is the veteran’s burden to prove he deserves the VA benefits. In certain circumstances, the VA must help the veteran meet his burden. A compensation & pension (C&P) exam is one example of how the VA helps veterans develop evidence. In a C&P exam, the VA asks a qualified professional to answer medical questions related to your claim.
When Should I Expect a TBI C&P Exam?
If you file a claim for a Traumatic Brain Injury based on sudden head trauma during service, then you should expect the VA to schedule a C&P examination.
A C&P exam can help VA answer the following medical questions:
Does the veteran have a confirmed diagnosis of a Traumatic Brain Injury?
Is it at least as likely as not that the TBI was caused or aggravated during active duty service?
How severe are the residuals of the Traumatic Brain Injury?
Who Can Conduct a TBI C&P Exam:
Neurologist,
Neurosurgeon,
Physiatrists, or
Psychiatrist.
Diagnosis of A Traumatic Brain Injury
A Traumatic brain injury occurs when a sudden trauma causes damage to the brain. According to the Department of Defense, more than 313,816 service members have sustained a Traumatic Brain Injury in training or combat. Common causes of this kind of head trauma include blast-related concussion events resulting from training or combat. A Traumatic Brain Injury is known as a signature injury of the Iraq and Afghanistan wars due to the frequency of IED attacks. However, a simple fall down a 10-foot ladder could also damage the brain.
Always Document Your Injuries
If you cannot prove that your that your Traumatic Brain Injury is related to service, then the VA may assume that it happened after discharge. For this reason, it is critical that service members document any and all head injuries. Your case is much easier to win if head trauma is clearly documented in your service medical records. In the absence of official records, statements from witnesses would be helpful. If you file a claim for Traumatic Brain Injury without a confirmed diagnosis, then VA may refer you for a C&P exam.
Medical Nexus for TBI
After a TBI C&P exam confirms a diagnosis, the next question is: what caused it? Is it at least a 50/50 chance that the TBI was caused by in-service head trauma? If your doctor’s answer is “Yes” and he provides a reasonable explanation, then you have your medical nexus. If the doctor answers “No”, then you should consider a second opinion from a private doctor.
What Are Residuals Of A Traumatic Brain Injury?
Veterans with a Traumatic Brain Injury may experience problems long after the initial head trauma. These problems are known as residuals. During a TBI C&P exam, the doctor will determine which TBI residuals are present.
Traumatic Brain Injuryresiduals are broken down into the following 10 categories:
Memory, attention, concentration, and executive functions–
Judgment
Social interaction
Orientation
Motor functions
Visual-spatial orientation
Subjective symptoms
Neurobehavioral effects
Ability to communicate
Consciousness
TBI Rating, TBI C&P Exam
After the TBI C&P exam, the doctor will send a written report to the VA. The report will include how severe your residuals are. If the VA approves your claim, it will likely use this report to assign a percentage rating. VA rates TBI residuals on a scale of 0, 1, 2, 3, or total.
0 = 0% (normal functioning)
1 = 10% (mild)
2 = 40% (moderate)
3 = 70% (severe)
Total = 100%
Every C&P exam involves the doctor asking questions of the veteran. The doctor relies on the veteran to explain his symptoms, some of which may not be present or observable on the day of the exam. Because memory deficits are common TBI residuals, a veteran should attend C&P exams with a spouse, family member, or friend who knows them well. They can fill in the blanks if the veteran is unable to either remember or communicate certain residuals during the exam.
A Veterans Disability Advocate Can Help You!
Working with the VA as a disabled veteran can be frustrating. Our expert Veterans Disability Advocates are here to help you through your VA Disability benefits process. Call us today at 800-800-3332 or click here to get in touch with a disability expert NOW.
How To Increase Your VA Disability Rating From 70% To 100%
If you currently have a 70% VA disability rating, you may already understand how VA ratings work.
A 100% VA disability rating is the maximum allowed by law and with some diligent work and, the help of a disability advocate the road to a 100% rating is accomplishable.
Single Disability Rated at 70%
If your 70% VA disability rating is for a single disability and you’re looking to raise it to 100%, your first step is to find the ratings criteria for that single disability you are rated for.
The Schedule of Ratings contains the ratings criteria for all disabilities in various categories. Each category contains groups of medical problems, each group contains a list of disabilities, and each disability has its own diagnostic code.
Every diagnostic code specifies the symptoms required for various ratings. For example, the 9411 code applies to post-traumatic stress disorder (PTSD). VA rates PTSD –along with many other mental health conditions – under the General Rating Formula for Mental Disorders. Depending on the symptoms, a veteran may receive either 0%, 10%, 30%, 50%, 70% or 100%.
Develop Medical Evidence to Increase Your VA Disability Rating
You must develop the evidence to match the criteria for a 100% rating. The rating criteria lays out what it takes to get a higher rating.
For example, let’s say you have a 70% rating for PTSD. According to the Schedule, the only PTSD rating higher than 70% is 100%. A 100% rating for PTSD is warranted when the veteran is totally impaired both occupationally and socially.
One or more of the following symptoms would yield a 100% VA disability rating:
Gross impairment in thought processes or communication
Persistent delusions or hallucinations; grossly inappropriate behavior
Persistent danger of hurting self or others
Intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene)
Disorientation to time or place
Memory loss for names of close relatives’ own occupation, or own name.
The Best Evidence To Increase Your Rating From 70% To 100%
To increase your VA disability Rating from 70% to 100% it is vital that you provide medical records to the VA that show your symptoms.
Not all doctors will provide records to show your symptoms. Fortunately, the VA provides rating tools such as Disability Benefits Questionnaires (DBQs) on their website. Doctors can check boxes off that apply to your symptoms and submit this form to the VA.
The DBQ forms apply to every kind of disability. For example, the VA provides a DBQ for PTSD that simplifies rating decisions. If the symptoms noted in a DBQ satisfy the criteria for a higher rating, then VA will likely grant that rating.
70% Combined Rating with Multiple Disabilities
If you have a 70% overall rating for a combination of conditions, then getting to 100% is much tougher. This is mostly because of the VA Combined Ratings table.
VA Combined Ratings Table
The VA Combined Ratings table provides that, after individual conditions are separately rated, the disabilities are then all combined using a specific formula. See 38 C.F.R. § 4.25(b). VA first considers the most disabling condition – that is, the one with the highest rating – then less disabling conditions in order of severity. This method captures the residual efficiency of a veteran with more than one service-connected condition. The purpose is to prevent an overall rating higher than 100%.
When the combined value ends in a number from 5 through 9, VA rounds up to the next highest multiple of 10. If the combined value ends in 1 through 4, VA rounds down to the lower multiple of 10. Or, if the combined value ends in 0, then rounding is unnecessary.
To get higher ratings for each disability, follow these steps:
Read the specific rating criteria,
Ask your doctor whether you meet the criteria for higher ratings, and
Develop medical evidence to support your request for higher ratings.
Although, it is not as simple as getting an additional 30% rating. This is because VA does not add your ratings; it combines them.
For example, a veteran with only PTSD at 50% and asthma at 30% has a combined value of 65%. A 65% value rounds up to a 70% combined rating. To get to 100% overall, this veteran must either (1) win a 100% rating for PTSD or asthma, or (2) win at least a 90% rating for an additional disability (or group of disabilities) rated at 90%.
Contact A Disability Advocate
If you have more questions about how to increase your VA disability rating from 70% to 100%, please reach out to us at (800) 800-3332 or contact us here. We will provide a 100% free VA case review and are always happy to answer any questions you may have.
Sleep is required to function. Sleep Apnea is a condition where someone briefly and repeatedly stops and starts breathing. This can severely disrupt someone’s sleeping patterns affecting their mental, emotional, and physical health.
Service Connection
For the VA to assign a 100% rating for Sleep Apnea, the VA must first determine that the condition is related to service.
Generally, VA will grant service connection if the following are met:
Proof of a current diagnosis,
Proof of an in-service event, disease, or injury, and
Proof of a medical nexus between the first 2
elements.
VA Schedule of Rating
After the VA grants service connection, it must determine the correct rating. To do so, VA consults the Schedule of Ratings. The ratings should reflect how much that specific disability impairs your ability to work.
To get a 100% rating for sleep apnea, it must be so severe that it prevents gainful employment.
Requirements Specific to Sleep Apnea
The Schedule of Ratings breaks down disabilities into different categories. Each category contains groups of medical problems. For example, Sleep Apnea is found in the Respiratory System category. Each group contains a list of disabilities, each with its own diagnostic code. In turn, each diagnostic code specifies the symptoms required for various ratings. For example, the 6847 code applies to Sleep Apnea. See 38 C.F.R. § 4.97.
A 100% VA rating for Sleep Apnea requires:
Chronic respiratory failure with carbon dioxide
retention or cor pulmonale, or
The condition requires a tracheostomy.
Chronic Respiratory Failure
Chronic respiratory failure usually happens when the airways that carry air to your lungs become narrow and damaged. In other words, less oxygen gets in and less carbon dioxide goes out. A tracheostomy is a surgically made hole in the front of your neck where a breathing tube is connected to your windpipe to help you breathe. Naturally, a veteran with these extreme symptoms deserves a 100% VA rating for Sleep Apnea.
Medical Evidence
Only medical evidence can satisfy these requirements. It is not enough for the veteran to say “I cannot work because of my sleep apnea.” Fortunately, the VA provides rating tools such as Disability Benefits Questionnaires (“DBQs”) on their website. Specifically, VA provides a Sleep Apnea DBQ that focuses on the symptoms described in the Schedule. Veterans seeking a higher rating for sleep apnea should have their doctors complete the DBQ. The VA will likely grant the rating if the DBQ includes the criteria for a 100% rating for Sleep Apnea.
Disability Benefits Questionnaire
A doctor who treats the disability in question should fill out a Disability Benefits Questionnaire. For example, an orthopedic specialist who is treating a foot condition should not complete a DBQ for PTSD.
Watch out for Pyramiding
When seeking a 100% rating for Sleep Apnea, one must consider every rule and exception related to VA ratings. Under the VA rating system, a veteran should be compensated for each service-connected disability. However, there is one big exception. VA cannot pay a veteran more than once for the same disability or same manifestation. For example, Asthma and Sleep Apnea have nearly identical manifestations. They both involve airway impairment, share symptoms such as daytime fatigue and are under the same category in the Schedule of Ratings. A veteran who is service connected for both will only receive a rating for one of them. In that circumstance, the VA must assign the higher of the 2 possible ratings.
How We Can Help
Many variables come into play when trying to get 100% VA disability for Sleep Apnea. The first step is to not give up. Our team of experts are here to support you the entire way through. Whether you are struggling to secure your VA disability or need help with your denied SSD claims, we’re only a phone call away. To learn more about how our team can help you call us today at (800) 800-3332 or contact us here now for a FREE consultation.
Social Security has two types of benefits for disabled people. The first is for people who have worked for a certain number of years. These are disability insurance benefits or SSDI benefits. The second is a needs-based benefit. It is for people who meet certain financial requirements. These are Supplemental Security Income or SSI benefits.
Social Security Disability Interview Questions
First, your medical conditions must keep you from working. Second, you must be unable to work for at least twelve months. To file, you must provide certain information.
What Happens During the Social Security Disability Interview?
The claims representative asks you a series of questions. Your interview can take place in person or over the telephone. It generally lasts for about an hour.
Call Disability Help Group, We Can Complete Your Interview.
Specifically, a claims representative will ask you:
Your current name and any past names you have used
Your social security number
About your education
Names and dates of birth of your children under the age of 18 and your spouse
Dates of marriages and divorces
Bank information for Direct Deposit
An alternate contact person in case they can’t reach you
Worker’s compensation information, if applicable
In addition, you must provide your work history. Only the last 15 years are important.
This work history should include:
Last worked Date
The name of your previous employers
Your job title
The dates that you approximately worked for each employer
Your medical information should include:
All of your medical conditions
Your doctor’s information
Emergency Room or Hospitalizations
A list of your medications
Naturally, disability applications require a lot of information. It is best to get this information before your interview. Social Security may send you a form to fill out before your interview. This form helps you put the information together. In any case, it is always best to write this information out clearly.
Applying For SSI? You May Be Asked Additional Questions
These questions could include:
Where you live and who lives with you
Your household expenses
All sources of income for you and your spouse
The amount of your resources
Be Prepared With Documentation
You will also have to provide Social Security with some documents. These are in addition to the information you have given.
The documents include:
Birth certificate
A government-issued picture ID
A medical release Form SSA-827 (Authorization to Disclose Information to the Social Security Administration)
Why You Should Be Prepared
The Social Security disability interview process is crucial to your application. Therefore, providing complete information gives you a better chance of winning your case. Also, you can avoid problems or delays in your application. Missing information can often lead to being denied.
Getting Help with Your Claim
The process for applying for SSDI or SSI can be overwhelming. Hiring an experienced SSDI disability advocate can improve your chances of a successful claim.
An SSDI advocate can:
Help you prepare for your interview
Understand the Social Security disability process
Keep in contact with Social Security to make sure your claim is moving forward
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
