Is Anxiety a Disability? Qualifications & Benefits

Is Anxiety a Disability According to the Americans With Disabilities Act (ADA)?

According to the Americans with Disabilities Act (ADA),  anxiety disorders can be included as a disability if they interfere with activities of daily living such as work, personal care, your health, including sleep and weight changes, and your ability to work. Many other mental health conditions can also qualify as a disability if it also causes major life disruptions. There are different types of anxiety that can qualify for disability, including general anxiety disorder, panic disorders, certain phobias, social anxiety, and separation anxiety.

The criteria for anxiety to qualify as a disability may slightly differ based on the type of anxiety you present with. To qualify, you must have an anxiety disorder(s) in your medical record and experience at least three symptoms such as sleep issues, physical aches/muscle pain, trouble concentrating, excessive fatigue, and irritability/mood swings. These have to be documented in your medical record for at least two years, and you must also be in treatment for your anxiety.¹

Disability Benefits Available for Anxiety Disorders

For those who have debilitating anxiety, there are disability benefits that may be available. If you have an anxiety disorder, even without receiving disability, you are entitled to reasonable accommodations for your disorder. This exists in workplaces, schools, and many other institutions. This can look like flexibility with alternative work times, location of work, timelines and scheduled breaks. Some may also be able to receive SSI and SSDI.

Supplemental Security Income (SSI) & Anxiety

SSI eligibility for anxiety disorders is a monthly benefit for those with anxiety as a disability can qualify for. SSI does not have a requirement of substantial work requirements due to the limitations of anxiety. Seniors and children often qualify.

Social Security Disability Insurance (SSDI) for Anxiety

SSDI eligibility for anxiety disorders is based on your work history and the limitations of your anxiety disorder. It looks at how anxiety impacts work history and the evaluation of disability claims. People who get SSDI have been taxed on their income and also receive benefits monthly. Some people can get SSI and SSDI at the same time.

Medicare Eligibility for Individuals With Anxiety

Those with severe anxiety who also receive SSDI may be eligible for Medicare. Those who have a qualifying disability can enroll in Medicare Part A after two years. Given that disability coverage can end after 1-2 years, to be eligible for Medicare coverage, there is a 2-year waiting period to ensure only those who have life-long disability receive Medicare benefits.

Criteria for Qualifying as Disabled Due to Anxiety

There are specific factors that you must consider before you can establish eligibility for disability benefits for anxiety. You must have documentation of the severity, frequency of symptoms, and the impact on daily life. You must have documented anxiety in your medical history and meet one of the two criteria:

1. Anxiety is limiting your mental health and mental abilities
2. Even after treatment, your anxiety is still chronic

Requirements for disability are:

• Prove you have anxiety disorder(s) AND
• Prove your anxiety limits your abilities OR
• Prove your anxiety is chronic with a duration of at least two years

Application Process for Anxiety Disability

To apply for disability benefits for anxiety, you must work with your local Social Security Administration (SSA). The SSA must consider your type of anxiety as a disability to begin the process. Your disability has to be documented by a physician, persistent for the last year, and keep you from work and other obligations.

From there, you can choose to apply for SSI or SSDI. You will need to get a copy of your medical records, education records, work history, financials, and physician information as part of your application. The application can be up to 30 pages long, so it is important to have all the information you need before you start your application. A lawyer or medical social worker may be able to help you fill out the application. After you submit your application, the SSA may ask for additional information or may want to evaluate you themselves. It can take 30-60 days to hear if you qualify.

Oftentimes, many people are rejected during the first application process, so they must appeal. The ones that qualify are those with overtly debilitating conditions like life-limiting cancer, ALS or other degenerative conditions. You can appeal the decision and wait up to 60 days to talk to an SSA representative. If that does not make you approved, you can request a hearing and it is recommended you seek legal counsel to accompany you. You and your disability lawyer can work together to help you get approved.³

Documentation Needed

There are essential documents for anxiety claims for disability, so it is important to know what is required.

The documents required are:

• Complete medical records
• Mental health evaluations
• Work history impacted by anxiety
• Psychiatric treatments
• Psychiatry consults
• Medication records
• Journal of anxiety records
• Records from a therapist

Where & How to Apply for Anxiety Disability Benefits

You can apply for disability online, over the phone or in person at a social security administration. If you are unsure about the process, it is encouraged to do so on the phone with a representative or in person and have all your documents with you.

How to Make Your Anxiety Disability Claim Stronger

To make your claim stronger, you must also advocate for yourself and vocalize your limits and struggles. Oftentimes, that can be challenging as we are struggling with anxiety, however, demonstrating and requesting accommodations, seeing how or if they work, , and tracking this progress over time, are all factors that can make your claim stronger.

Gather Medical Evidence for Anxiety

You should also have a record of your anxiety history, including self-reports such as what you have journaled and how you have coped. Having a record of your treatment, such as medications, therapy sessions, and doctor’s appointments, is important. Having hospital records if you have been hospitalized is also important. If you have insurance that has paid for the treatment, you can also pull those records and look at what billing codes were used by your various providers.

Collect Personal Narratives & Third-Party Testimonies in Anxiety Claims

There is also great value in personal experiences and third-party observations (from family, friends, or employers) in substantiating the impact of anxiety. You can ask for letters or video messages from loved ones who can support your claim and explain what they see and why they feel you need the disability benefits. This can be powerful.

Costs Associated with Filing for Anxiety Disability

While there is no cost to apply for disability benefits, if you are trying to get your anxiety qualified for disability, you may need to pay for copays, copies of records, and evaluations. If you choose to work with a disability lawyer, you have to consider what their fee is as well. Your lawyer may ask you to pay upfront or take a portion after you win your claim. It is important to talk about this with your lawyer ahead of time.

Considerations When Filing for Anxiety Disability Without Legal Assistance

Filing for certain claims can be difficult. It can take longer, and you may have a weaker application than those who consulted a professional to help. It may be cheaper, but it may delay or compromise your chances of getting the benefit.

What to Expect After You Apply

After you have applied, all you can do is now wait. Sometimes, it can take 30-60 days to hear back.

What to Do If Your Disability Claim is Denied

Oftentimes, many people are rejected during the first application process, so they must appeal. The ones that qualify are those with overtly debilitating conditions like life-limiting cancer, ALS, or other degenerative conditions. You can appeal the decision and wait up to 60 days to talk to an SSA representative. If that does not make you approved, you can request a hearing and it is recommended you seek legal counsel to accompany you. You and your disability lawyer can work together to help you get approved.

Common Reasons for Denial in Anxiety Disability Cases

If you are denied, it may be due to a lack of documentation, a need for further information, a longer track record of dealing with anxiety, or even a lack of utilizing other options such as medication as a treatment. You may have to appeal and see how that can be remedied if you have tried other ways to treat your anxiety.

Appeal Process for Anxiety Disability Claims

The appeals process includes asking for a reconsideration first. After a 60-day wait period, you will get an answer, and if that is denied, you can still request a hearing. If your hearing does not go in your favor, you can still appeal the decision and work with a disability lawyer.⁴

Treatment & Support for Anxiety Disorders

There are various treatment options for anxiety and their relevance in the context of disability claims. Some people do therapy, groups, medication and can be hospitalized.

Medication

The role of anti-anxiety medication in managing anxiety symptoms and their importance in disability claims is significant. If you have been on medications and have had many medication changes over a long period of time, it can support your claim that your anxiety persists despite your attempts to manage and treat it.

Common anti-anxiety medications include:

• SSRIs: SSRIs like Prozac and Zoloft help with the reuptake of serotonin, which can improve mood.
• SNRIs: SNRIs like Cymbalta help with the reuptake of norepinephrine and the use of dopamine which can improve motivation and a sense of reward.

Psychotherapy & Support Groups for Anxiety

There is great effectiveness of therapy and support groups in the treatment of anxiety disorders as well. Some common treatment options for anxiety include:

• Cognitive behavior therapy: CBT for anxiety helps someone with anxiety by helping them to reframe their thoughts so their behavior changes.
• Dialectical behavior therapy: DBT for anxiety helps someone with anxiety by expanding their ability for distress tolerance.
• Self-help groups: There are self-help groups that can be useful as they give a sense of community and belonging.
• Anxiety therapy groups: Therapy groups for anxiety are facilitated by a therapist and can help people practice ways to manage their anxiety in real-time in the group setting.

Where to Find Professional Help for Anxiety

You can find a therapist for anxiety in many places. If you’re looking into disability for anxiety, you likely already have a diagnosis, but maybe you’re not happy with your therapist or haven’t been seeing a therapist regularly. You can use an online therapist directory to find a therapist, and this can be a helpful resource as you can search by specific factors. How to find the right therapist can be a challenging thing but not impossible. You can speak with therapists usually for 15 minutes to get a feel for who they are to help you make a decision. There are many benefits of therapy for helping anxiety, and a professional can also help guide you with your disability claim.