Social Security Disability SSI Resource Center




Topic Categories:


Overview of Disability

Disability Back Pay

Requirements for Disability

Applications for disability

Tips and Advice for Disability Claims

How long does Disability take?

Winning Disability Benefits

Common Mistakes after a Denial

Mental Disability Benefits

Denials for Disability

Appeals for denied claims

Disability Benefits from SSA

SSI Benefits

Child Disability Benefits

Qualifications and How to Qualify

Working and Disability

Disability Awards and Notices

Disability Lawyers, Hiring Attorneys

Social Security List of Conditions

What Social Security considers disabling

Medical Evidence and Disability

Filing for Disability Benefits

Eligibility for Disability Benefits

SSD SSI Definitions



Ask a question, get an answer

Can you collect disability in Texas for depression?




 
The Social Security Administration awards disability benefits for basically any physical or mental impairment provided that the impairment (or set of impairments; most applicants usually list multiple conditions when they file for disability in Texas or any other state) interferes with their ability to work.

And, of course, when we say "interferes" what we really are referrring to is the fact that under the rules and regulations that guide decisions on SSDI and SSI disability claims, the individual who is applying must have the following:

1. At least one severe, medically determinable (meaning that there must be valid medical evidence to back up the claim) impairment.

AND


Common questions about filing for disability in Texas
2. The impairment must affect the person so severely that it makes it impossible to go back to any of the jobs they have performed within the 15 year period prior to becoming disabled AND also make it impossible for them to switch to anything that Social Security would consider to be suitable other work.

Depression is evaluated under the listings and Social Security also provides a path for approval known as a medical vocational allowance through the 5 step evaluation process known as sequential evaluation.

Most cases that are approved for disability in Texas on the basis of depression are not approved through the listing that addresses depression (affective disorders). But this is true for nearly every listing. Most individuals who are granted benefits must rely on their medical evidence being strong enough to show that they lack the ability to return to their past work, and also have enough limitations that switching to some type of other work is not possible.

Most claims for disability based on depression are denied at the disability application step. In Texas, approximately 72 percent of initial claims are turned down. A higher percentage are given a denial at the reconsideration step, which is the first appeal. And for most claimants filing on the basis of depression, the best chance of getting benefits will be at the hearing step.

Because this is the case, and because getting to a hearing before an Administrative law judge can take over 2 years (counting the time for the application, reconsideration, and requesting the hearing and waiting for it to be scheduled), it is extremely wise to be fully prepared before the hearing and on the day of the hearing.

Preparation, of course, includes having recent medical treatment (SSA cannot award benefits when there is no current medical evidence), getting those records to the judge hearing the case (because the last evidence in the Social Security file will be from the reconsideration appeal and these records will be many months out of date), and having a clear understanding of why the case was previously denied as well as why the case should be approved.

In all cases, persuading a judge to award disability benefits will revolve around proving, via the evidence that the claimant has functional limitations that rule out the ability to perform the duties of their past jobs. Further, those limitations, added to a consideration of the claimant's education, work skills, and age must show an inability to do other work.

At this point, it should be said that it is not the inability to work at all that is the issue, but, rather, the inability to work at a level that provides what SSA considers a substantial and gainful income.

For more filing for disability with depression, you may wish to refer to these pages:

Filing and qualifying for disability with depression
Applying for disability with Depression
Should I List My Past Depression Medications on my disability application?















Return to:  Social Security Disability Resource Center, or read answers to Questions





























General information

Filing for disability in Texas
What are the qualifications for disability in Texas?
When do you file for Texas disability benefits? - when you become disabled
SSI vs Social Security Disability in Texas
Winning a Social Security Disability or SSI award in Texas
Disability for depression in Texas
Disability approval process - Getting disability in Texas
Resource links for Filing a Texas disability application
Can I apply for temporary and later permanent Disability in Texas?
How much can I get from Social Security Disability in Texas?
Eligibility and qualifying for disability in Texas
Social Security Disability Status in Texas


Disability appeals in Texas

What if you get denied disability in Texas?
Can you avoid a Social Security Disability Denial in Texas?
The Social Security Disability and SSI appeals process in Texas
Starting an appeal on a disability claim in Texas
What are the chances of winning a disability appeal in Texas?
How many disability appeals do you get in Texas?
Filing a Texas Disability Appeal


Disability Hearings in Texas

How long does it take to get a disability hearing decision in Texas?
Going to and getting ready for a disability hearing in Texas
Don't waste your Texas disability hearing - be prepared
Qualifying for disability at a hearing in Texas


Texas Disability Attorney questions

Get a qualified disability attorney, lawyer, advocate in Texas
Should you get help from a disability attorney in Texas if you have not filed yet?
What does a disability lawyer in Texas do to help you win benefits?
How Much Are The Fees For A Disability Lawyer In Texas?
How do Disability Lawyers in Texas get paid their fees?
Qualifying For Disability in Texas, will I qualify?





Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


These pages provide answers to basic questions about pursuing disability benefits

Disability qualifications - Who will qualify is based on functional limitations
What do you Need to Prove to Qualify for Disability Benefits?
How to file for disability and the information needed by Social Security
What conditions do they Award Disability Benefits for?
How does back pay for Social Security disability work?
What makes you eligible for Social Security Disability or SSI? Part I
To get a Social Security Disability or SSI Award do you have to have a Permanent Disability?
Social Security Disability Status - when should I call to check
Do Lawyers Improve The Chances of Winning Social Security Disability or SSI?
What is qualifying for disability based on?
How to qualify for disability - The Process of Qualifying for Benefits
Receiving a Social Security Disability Award Letter
How long does it take to get disability?