Is Depression a Disability? Eligibility & How to Apply

Does the Americans With Disabilities Act (ADA) Consider Depression a Disability?

Individuals with depression that is severe enough to impact their abilities are protected under the ADA. Just as with any physical condition, a mental illness is considered a disability if it substantially impacts a person’s ability to participate in activities of life. Depression does meet this criterion if depressive symptoms impair a person’s ability to do their daily activities or work at any job.¹

Types of Disability Benefits for Depression

The federal government program (Social Security) provides three different types of disability benefits for depression: Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), and Medicare. Eligibility for these different programs depends on the severity of the impairment, how long a person has worked, and whether they have paid into social security. Benefits also depend on how long the impairment has lasted.

The three types of Social Security programs for people with disabilities are:

Supplemental Security Income (SSI)

SSI is a program for people with disabilities who are experiencing financial hardship. The benefit amount is determined by the average wages earned over a person’s work history. A person must have a proven disability as well as less than $2000 in assets to qualify. The average monthly SSI payment for people 65 and older was $554.10 in 2023.³

To qualify for supplemental security income (SSI) when struggling with depression, you must:

• Prove inability to work due to depression with medical documentation from a professional
• Have low income
• Have fewer than $2,000 in assets
• Have less than $3,000 in combined assets if you’re married

Social Security Disability Insurance (SSDI)

In order to qualify for SSDI due to depression, a person must meet employment criteria as well as disability criteria. Symptoms must be significant enough to prevent any work and be expected to last 12 months. The benefit amount will depend on how much a person has paid into Social Security. The average payment people receive on SSDI is $1,483.⁴

To qualify for supplemental security income (SSDI) when struggling with depression, you must:

• Prove you’ve been unable to work for at least 12 months
• Have paid Social Security through paycheck deductions for the last 5 out of 10 years
• Have a severe condition that is expected to last at least 12 months or result in death
• Be unable to perform any job that could earn $1,550 per month or more

Medicare

After a person has been receiving disability benefits for 2 years, they are able to qualify for enrollment in Medicare. Medicare is a US Federal healthcare program for individuals 65 and older or disabled. After 24 months, a person on disability will automatically be enrolled in Medicare and will receive their card during the 25th month.

Eligibility Criteria for Disability for Depression

In order for depression to meet eligibility for disability benefits, it has to be severe enough to have a substantial impact on functioning. A person seeking benefits will need to be able to prove that their depression makes them incapable of performing any job. The criteria are strict and require significant documentation. However, there are times in which disability for depression is appropriate and necessary to help a person recover.

How to Apply for Disability for Depression

A person can start the process of applying for benefits by filling out the online application request with the Social Security Administration. Once that form is processed, they will be contacted to make an appointment. The approval process takes an average of 3-5 months and can take longer, so anyone who is considering applying is encouraged to do so as soon as possible.

Social Security attorneys can help an individual receive disability benefits when depressed, but are not required. An attorney can help you navigate the process and usually take their payment only after your benefits are received. Attorneys help their clients make sure the paperwork is filled out correctly, and all necessary documentation is in order. They will also file for an appeal and represent you in a hearing if your claim is initially denied.

Necessary Documentation for Disability for Depression

Disability evaluators will thoroughly go over your medical history, including mental health history and all required documentation. In order to help the process go smoothly, make sure you have releases of information (ROI) signed with the Social Security Administration for each of your providers. Go through the application thoroughly to make sure everything is answered correctly. Blank or incorrect information can delay the process.

Essential documents generally include, but are not limited to:

• Completed application
• Personal identification documents, including state ID or driver’s license, birth certificate or social security card
• Medical records
• Mental health records
• Mental status examination from a mental health professional
• Cognitive function tests
• Releases of Information (ROI) for all medical and mental health providers
• Any other required evaluations or assessments
• Lists of medications, treatment providers, and diagnoses
• Bank accounts and financial history
• Employment history for 5 years minimum

Where & How to Apply for Disability for Depression

To apply for SSI, complete the initial form at https://www.ssa.gov/ssi/start.html, which takes 5-10 minutes. A representative will contact you to schedule an appointment and will help you complete the necessary information and documentation. SSI is based on financial need, but you will still need to provide documentation about work history as well as medical and mental health.

For SSDI, you can apply online at https://www.ssa.gov/applyfordisability. This website includes a thorough list of necessary documents and helpful advice for navigating the process. Be sure that any websites you visit are the official websites of the Social Security Administration and contain ssa.gov. There are many businesses online that look like the real thing but may not be legitimate.

How to Support Your Claim for Disability for Depression

An application will be stronger if a person can submit documentation that shows significant impairment from their depression as well as receiving specialized care. This would include seeing a therapist and/ or psychiatrist and taking medication as prescribed. A person who has been hospitalized for severe, debilitating depression will have a stronger case than someone who has been able to manage symptoms without hospitalization.

A strong disability claim will need to prove that depression symptoms make it impossible to work, not just at the current job but in any job. This is difficult because depression often responds well to treatment, and it is a mental health provider’s goal to help someone function as well as possible. However, severe depression can make it difficult to get out of bed, thereby impairing one’s ability to care for themselves and complete cognitive tasks. A strong case will need to illustrate that these symptoms make a person unable to function.

Gathering Medical Evidence for Disability Benefits for Depression

It will be important to have solid medical documentation for your claim. This will include treatment history, medications, therapy interventions, symptoms, and progress. When gathering documentation work with a provider you already have established care with, who has worked with you consistently and is able to provide support for your case.

Some therapists will only complete disability paperwork for someone after they have worked together for 6-12 months, and it can be more difficult to find a provider just for the evaluation. If you are not established with a provider, talk with your disability adjudicator about how to schedule with someone who will be able to provide the necessary evaluation.

Some providers will not be comfortable doing the disability evaluation if they are in established treatment relationship. They will help facilitate documentation but ask for an independent evaluation since the purpose of that exam will be different than the ones done in the context of a therapeutic relationship.

Personal Statements & Third-Party Testimonies for Disability for Depression

A person can make a third-party statement to the Social Security Administration, providing observations about someone’s functioning at work and home, their medical and mental health history, and specifics about their daily life, personal hygiene, and chores. This form can strengthen a claim, must be completed thoroughly, and is to be answered by the third party, not the applicant.

Costs of Applying for Disability for Depression

There can commonly be costs associated with filing for disability. Common fees include medical provider and assessment costs, fees for mental health therapy, and attorney fees if you use an attorney. An attorney will usually collect their fee after the application has been approved. A person may receive back pay dating back to the time the application was filed, which may be used to cover these fees.

Common fees in the disability claim process can include:

• Medical provider fees
• Therapist fees
• Fees for additional evaluations
• Attorney fees, if applicable

Filing Without a Lawyer for Disability for Depression

It is not required to hire an attorney for the social security disability process, but it can be helpful. When filing without a lawyer, it will be important to make sure that you understand and thoroughly complete every part of the application, including gathering all necessary documentation. If you decide to file on your own, be patient and thorough when going through the application.

Considerations when filing for disability independently include:

• Missteps in the application process can delay the approval
• It is important to read and understand legal obligations
• It may take longer to complete the application and gather the necessary documents
• Attorneys are sometimes able to improve your chances of being approved
• If your application is denied and you go to a hearing, you’ll want an attorney at that point anyway

What to Expect After You Apply for Disability for Depression

After you complete your application, it takes 3-5 months for a decision. The Social Security Administration will send your documents to a state agency, where experts will obtain your medical and mental health records and any other information they need from your providers. They may send you more forms to complete or require that you have an examination by a provider they refer you to.

What to Do If Your Disability for Depression Claim is Denied

It is common for a disability application to be denied on the first try. If you are not approved, you are entitled to an appeal. Many people will hire an attorney at this point to help them navigate the appeal process. You may need to attend an in-person hearing. If your appeal is approved, you will receive payment backdated to your initial application date.

Why Disability for Depression Applications Get Denied

It is common for disability for depression applications to be denied. SSDI applications are denied 67% of the time, 30% for medical reasons, and 37% for technical reasons. These reasons include incomplete applications, inadequate documentation, or inability to prove that the disability is severe enough to prevent a person from being able to work. An additional 5% are allowed at reconsideration, and 5% are allowed after appeal.⁴

The Appeals Process for Disability for Depression

If denied, you or your attorney can request reconsideration by completing the form online or sending it in. If the reconsideration is denied, the next step is to request a hearing online by mail or fax within 60 days of the denial. You will appear before a judge who will examine your claim, and they may call witnesses or experts to testify.

How to Find Professional Help for Depression

If someone is struggling with depression, there are therapists who can help. A person who is looking into disability for depression is likely already to have a diagnosis, but they may not be happy with their therapist, or they may not have been seeing a therapist regularly. It’s important to be actively involved and engaged in therapy in order to see progress.

There are many benefits of therapy for helping depression. A person can start their search by using an online therapist directory that allows people to search for a therapist who specializes in depression. These directories usually have profiles that give people a sense of a therapist’s expertise and personality, as well as their location and whether they accept insurance for therapy.

Treatment for Depression

Treatment strategies for depression include a combination of medication and therapy. This combination has been shown to be highly effective in treating depression, and most people’s symptoms do improve. The most commonly prescribed medications are SSRIs, which increase the amount of serotonin in the brain. There are other types of medication that can be effective as well.

Treatment for depression may involve:

Medication Management

Antidepressants work by regulating the balance of neurotransmitters in the brain, such as serotonin, dopamine, and norepinephrine. Different medications work on different neurotransmitters and are prescribed based on a person’s specific symptoms. Antidepressants are usually prescribed by a psychiatrist, although some primary care providers will prescribe antidepressants as well. Antidepressants typically take 2-4 weeks to start working.

Psychotherapy & Support

Therapy helps depression by helping a person change the thoughts, feelings, and underlying beliefs and experiences that contribute to symptoms. A therapist will provide an assessment and create a unique treatment plan to help an individual’s symptoms improve. There are many types of therapy available that are shown to be helpful in the treatment of depression.

Common therapies used to treat depression include:

• Cognitive behavioral therapy (CBT): CBT for depression works by identifying and challenging the negative thoughts behind depression. The idea behind CBT is that thoughts create feelings, and by changing those thought processes, a person can have a more positive mood and fewer depressive episodes.
• Dialectical behavioral therapy (DBT): DBT for depression focuses on helping individuals gain skills and tools to manage their symptoms. DBT is very effective in helping people increase their coping skills and gain more acceptance.
• Acceptance and commitment therapy (ACT): ACT for depression focuses on helping a person accept their life, make meaningful decisions, and take action based on their values, not their feelings. ACT helps people clarify the most important values to them and live their lives in alignment with those values, regardless of depression.
• Internal family systems (IFS): In IFS, a therapist works with a person’s parts of their personality. Everyone has parts that play different roles, and an IFS therapist would work with a person’s depressed part as well as other parts to help improve their quality of life.
• Eye movement desensitization and reprocessing (EMDR): EMDR for depression is a helpful therapeutic approach for depression that is linked to a traumatic event or negative experience. By reprocessing that past experience and changing the stuck thought patterns related to it, depression can improve.
• Support groups:  Many people find support groups incredibly helpful because they can share their experiences and learn from others who have had similar experiences. Groups also help people with depression not feel so isolated, which is a primary symptom of depression.
• Mindfulness-based cognitive therapy (MBCT): MBCT is based on the concept of mindfulness, which simply means being present in the moment without judgment. It also helps a person disconnect from their negative thoughts and build self-compassion.