Disability Benefits and Payments for Anxiety Disorders

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Social anxiety and other anxiety disorders can be socially limiting at best but at worst can be so disruptive to a person’s life that it becomes impossible to work. Anxiety disorders involving phobias, panic disorders, post-traumatic stress disorder (PTSD), obsessive-compulsive disorder (OCD), and generalized anxiety can qualify for Social Security disability benefits if they are well documented and severely debilitating. If you’ve been diagnosed with one of the above disorders and it affects your ability to leave the house, function socially, concentrate, or manage the tasks of daily living, you may be eligible for disability benefits.

Some people claim they have anxiety, nervousnessness (called a “case of nerves” in the old days), or phobias, but their symptoms are unfortunately a part of modern, stressful life. To qualify for Social Security disability benefits for an anxiety disorder, you have to be able to show that your symptoms are chronic (will last for at least 12 months) and that they meet one of several specific medical diagnoses related to anxiety and that they severely and negatively impact your ability to function in life. In order to suss out cases of anxiety disorders that are truly preventing someone from doing any kind of work, the SSA has developed a list of requirements that your anxiety disorder must fit into.

Disability Caused by Anxiety Disorder

First, let’s look at how the SSA evaluates the severity of anxiety disorders. Before it pays benefits, the SSA requires a mental disorder to be so severe that it disrupts your life to a point where you become unable to work at any type of job (no matter how “low pressure” it may be). In addition to fitting within a specific diagnosis below (under "Types of Anxiety Disorders), your anxiety disorder must either:

  • Result in your complete inability to function independently outside the area of your home.

OR

  • Result in any two of the following (“marked” means in between extreme and moderate):

       

    • Marked restriction of activities of daily living.
    • Marked difficulties in maintaining social functioning.
    • Marked difficulties in maintaining concentration, persistence, or pace.
    • Repeated episodes of decompensation (worsening symptoms), each of extended duration.

Types of Anxiety Disorders

 It's possible to get disability benefits for mental health conditions, but getting the proper diagnosis is a crucial first step. Your doctor will have to submit medical evidence of your diagnosis, consitsting of psychological test and documentation of symptoms. Here are the six ways an anxiety disorder can qualify you for disability benefits (the first five are official SSA impairment listings):

Generalized Persistent Anxiety

Generalized anxiety disorder (GAD) is a fairly common disorder characterized by chronic fearfulness, apprehension, and stress. While many people experience a mild amount of stress, worry, or fear, to qualify as a disability, the SSA needs to see that the generalized anxiety has profound physical or emotional effects on your body. Therefore, the SSA requires you to have three of the four following medically documented symptoms before finding generalized persistent anxiety.

  • Motor tension (e.g., trembling or shaking)
  • Autonomic hyperactivity (e.g., rapid heartbeat, sweating, dry mouth)
  • Apprehensive expectation (i.e., exaggerated worry and fear about potential misfortune), or
  • Hypervigilance (e.g., constant scanning for threats).

Phobia

A phobia is a persistent extreme or irrational fear of a situation, activity, or place, such as the fear of driving over bridges (gephyrophobia), the fear of heights (acrophobia), or the fear of leaving the house (agoraphobia). A phobia causes a compelling need to avoid the feared situation or activity. Social phobia, or social anxiety disorder, an intense feeling of fear about and avoidance of interacting with others, can fall into this subcategory.

Panic Attacks

Panic attacks are characterized by sudden periods of intense fear along with physical symptoms such as sweating, increased heart rate, and shaking. Many people have experienced mild anxiety attacks in their life but take medication or therapy to manage them, but to rise to the level of disability, the SSA requires that the panic attacks be:

  • Unpredictable and sudden
  • Severe (include apprehension, fear, terror and sense of impending doom)
  • Frequent(on average of at least once per week)

Obsessive-Compulsive Disorder

Obsessive-compulsive disorder, OCD, is characterized by repeated unwanted thoughts that compel a person to try to relieve them by perform repetitive tasks, such as constant cleaning or checking. The involuntary thoughts are often about germs, violence, religion, or sex. The SSA requires that even with treatment the obsessions or compulsions cause “marked distress,” which means near-extreme anxiety or emotional disturbance, not merely moderate discomfort. For more information, see our article on getting disability benefits for obsessive-complusive disorder.

Post-Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) is a reaction to a traumatic event that you experienced or witnessed, such as rape, physical abuse, killings, or natural disasters. PTSD causes recurrent flashback episodes and dreams that can disrupt day-to-day activity. Some forms of PTSD include an exaggerated startle response and hypervigilance. The SSA requires that even with treatment, you have recurring flashbacks or recollections that cause “marked distress,” which means your anxiety or emotional disturbance is extreme or near-extreme, not merely moderate discomfort.

Symptoms Affecting Your Functional Capacity

If you don’t qualify under one of the above SSA impairment listings, as part of the disability determination process, the SSA will automatically consider your symptoms and impairments to see to what extent they impair your daily activities and if there is any kind of work you could do. The SSA will give you a rating of the type of work it thinks you can do (skilled work, semi-skilled work, unskilled work, or less than unskilled work). This is called your residual functional capacity (RFC). For anxiety disorders, the key question is whether you can do even unskilled work. If your disorder keeps you from leaving the house or interacting with people appropriately, it’s possible the SSA could find this, but if your disorder is so severe, it’s likely the SSA would have found that you fit into one of its impairment listings for anxiety disorders, above.

Starting a Disability Claim

If you don’t know whether you are eligible for Social Security disability insurance (SSDI, where you must have paid enough taxes into Social Security) or Supplemental Security Income (SSI, for low-income filers), you can apply for both. Call the SSA at 800-772-1213 to set up an appointment to fill out an application for disability. When you fill out your application, include a detailed description of what an episode of intense anxiety (for example, panic attacks or OCD, PTSD, or phobic episodes) looks like for you, as well as how often you have them and how they impair your ability to work.

If you have both an anxiety disorder and a physical impairment that keeps you from working, consider hiring a lawyer to help you file your claim, or if your initial claim gets denied, to file an appeal.

by: , J.D.

This article is provided for informational purposes only. If you need legal advice or representation,
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