WHEN DEPRESSION IS DISABLING

I recently had a hearing before a judge who asked my client, "Why are you not able to work?"  My client replied, "Because of depression."  The judge said, "Everyone tells me that."

Judges hear from so many claimants who say they are depressed that they (the judges) often dismiss it.  But when does depression translate into a disability?

The answer is--when symptoms become severe enough to interfere with the ability to perform the functions of the workplace. 

Every job has certain functions that require mental abilities.  These include, but are not limited to:

• remembering, understanding and completing simple instructions
• making simple work related decisions
• adjusting to routine changes in the work environment
• responding appropriately to supervisors, co-workers and the public
• Maintaining concentration, persistence and pace

Depression, anxiety and other mental disorders can interfere with the ability to work.  However, these severe limitations must be documented by medical evidence.  Here is what Social Security decision makers want to see:

• Treatment by a qualified mental health professional (psychologist or psychiatrist)
• Compliance with recommended treatment (take your medications)
• Preferably, a Treating Source Statement from your doctor, specifying restrictions you would have in a work environment.

The question is not whether you are depressed.  The question is how will depression restrict your ability to work on a "regular and continual basis?"
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THE FORSYTHE FIRM
Social Security Disability Representation
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806



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