If you are pursuing Social Security disability benefits based on severe depression, you will need to convince your judge that you do not have the capacity to work even a simple job because of your symptoms.
In 2020 and really over the past few years, I have noticed that depression cases are increasingly difficult to win and that judges are demanding more evidence. This is because depression, like any other mental health impairment, cannot be confirmed or measured with an MRI, CT scan or other objective test.
Your judge will have to rely on reports from psychologists and psychiatrists about the severity of your depression and whether your condition is improving with treatment. Many judges find the subjective nature of these reports troubling. Furthermore, you may have received multiple labels by different mental health providers. One psychologist may have given you the label of “major depression,” while another may use the label “PTSD.” Still another could diagnose you as being bi-polar.
There is also a (false) narrative in Congress that psychologists and psychiatrists have an economic incentive to find a serious level of impairment and that disability judges are too quick to accept findings of total disability. So the trend is to demand that judges need more than long term treatment notes.
As I discuss in this video, an increasing number of judges want to see evidence that your depression has created a huge disruption in your life and that standard treatments have not worked. In many cases this means that your judge will want to see evidence of one or more suicide attempts, or inpatient psychiatric hospitalization as proof that your level of depression is truly life threatening.
This does not mean that chronic and severe depression that has not put you in the hospital or threatened your life won’t be relevant. But you may need evidence of other medical issues or extremely strong documentation from your mental health professional to meet the high burden now demanded by Social Security. #depressionandsocialsecuritydisability #depressionandssdiclaims #majordepressionandsocialsecuritydisabilitylaw
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