Depression as a disability can be a difficult thing to pin down.
It can be “case of the blues” for two weeks, or something that prevents you from walking outside of your front door for a while. If you’re suffering from a depression that is more than just “a case of the blues,” you may be unable to do your job, or even live a regular life.
Different Types Of Depression
Nearly everyone has felt depressed once or twice in their life or at least knows someone who has. Many cases are short-term and resolve without any intervention.
So-called “situational depression” happens after a sudden, unexpected life change that impacts the individual. These changes can include:
- Loss of a loved one (partner, spouse, etc.)
- Loss of employment (layoff, firing, loss of clientele, business closing)
- Serious illness or injury
- Any kind of accident
When the situation has been righted, (i.e., the unemployed individual finds a new job) or enough time passes, this depression eventually resolves in most people.
But serious, debilitating clinical depression is an entirely different matter. Some of these symptoms as possible indicators are:
- Trouble concentrating, remembering details, and making decisions
- Fatigue
- Feelings of guilt, worthlessness, and helplessness
- Pessimism and hopelessness
- Insomnia, early-morning wakefulness, or sleeping too much
- Irritability
- Restlessness
- Loss of interest in things once pleasurable, including sex
- Overeating, or appetite loss
- Aches, pains, headaches, or cramps that won’t go away
- Digestive problems that don’t get better, even with treatment
- Persistent sad, anxious, or “empty” feelings
- Suicidal thoughts or attempts
When mental symptoms turn into physical symptoms, it’s time to seek out medical help. There isn’t a blood or lab test to detect depression; the diagnosis usually comes from the patient’s discussion with his or her physician. A doctor may conduct some testing to determine if it is caused by a medical condition or a medication.
Once diagnosed, suggested treatments may include psychotherapy and medications to manage the condition. In some circumstances, these treatments may be nominally effective, or even ineffective. Depression then may turn into a disability.
Is It A Long-Term Disability?
Depression that doesn’t resolve on its own, or with treatment, may be considered a “disability,” but there are a number of caveats that go with it. Getting approved for long-term disability may take some time, and be more difficult than SSDI (Social Security Disability Insurance) if depression is stopping you from working.
Many long-term disability policies don’t allow mental illness as a disability, or put a two-year limitation on them (if your claim is only for depression.) Because they’re more difficult, you’ll need to prove your condition according to your policy’s disability definition. In other words, you’ll need proof that your disability is so serious and acute that it prevents you from working and inhibits your life in general. Review your policy to find out exactly what it says on the subject so you can gather up the proper paperwork and evidence.
You’ll also need to seek proper care for your depression, and have it documented (i.e., medical records.) If your depression is a result of another underlying medical issue (i.e., injury, chronic pain) you may be able to receive benefits without the two-year limitation. Additional medical evidence that your physical disability alone prevents you from working may be sufficient to secure long-term disability.
Denied? Appeal Your Decision
Anytime you apply for long-term disability, it can be a long process, and your claim may be denied outright. If your depression is holding you back, and making work difficult or impossible, you need time to heal. An attorney skilled in disability cases can work with you to file your long-term disability as well as handle any appeals. It may take time, but you can get help for depression.
Helping You Get Help
If your depression is keeping you from working and living your life, you need help on the way to getting better. The Herren Law Firm can help you with your application, appeals and help you get the long-term disability benefits you need so you can treat your depression and get on with your life. Contact us today at 713-682-8194 to schedule your free consultation. There’s no obligation, and no up-front fees. We only collect if we win your case.
