Persistent Depressive Disorder Social Security Disability Lawyer

Persistent depressive disorder is a long-term and continuous form of depression that causes intense feelings of sadness, hopelessness, and poor self-esteem. In many cases, patients who suffer from persistent depressive disorder are unable to work. If a patient’s depression interferes with their ability to productively earn a living, what legal options does the person have?

Turn to Pond Lehocky Disability. Our attorneys can review your circumstances and advise you on your eligibility for Social Security Disability. Then, we can help you apply for disability benefits and appeal any adverse decision you may receive from the Social Security Administration (SSA).

Symptoms of Persistent Depressive Disorder

Although persistent depressive disorder is not considered to be as severe as major depression, many of the symptoms are virtually identical. A patient with this condition can experience mild, moderate, and even serious episodes of depression.

Symptoms are often dynamic and may come and go over time, increasing and decreasing in their intensity. But the term “persistent” is key: the symptoms usually do not clear up after only a few months. These are some signs that a patient suffers from persistent depressive disorder:

A feeling of profound sadness or emptiness
Fatigue
Lack of energy
Loss of interest in activities that the patient used to enjoy
Irritability
Sleep problems
Eating problems
Difficulty concentrating
Indecisiveness
Social avoidance and isolation
Poor self-esteem or excessive self-criticism
Time management problems

How Persistent Depressive Disorder Interferes with Your Ability to Work

Many of the above problems can and often do make it difficult for a person to do their job. More specifically, persistent depressive disorder can interfere with one’s ability to work in these ways:

Difficulty concentrating: Lack of sleep, unrelenting negative thoughts, and constant dread can take a toll and make it impossible to concentrate on one’s work duties. In some cases, this can create an unsafe work environment.
Absenteeism: Sleep and other health disorders may cause the employee to begin calling out sick or stop showing up at all. A sudden pattern of absenteeism could indicate something is seriously wrong with the worker’s mental health.
More mistakes: Even if the employee can do their work, they may not focus on accuracy and quality. They start to make mistakes they would not normally make, affecting their overall performance.
Missed deadlines: A patient with persistent depressive disorder will likely have trouble staying on top of work deadlines. This, in turn, can affect their co-workers and cause tension in the workplace.
Problems with co-workers: Other factors that affect one’s interpersonal work relationships are irritability, changes in mood, and negative attitudes. All of these may stem from persistent depressive disorder.

Does Persistent Depressive Disorder Qualify as a Disability?

If your persistent depressive disorder has started affecting your work life, you should know that, in the right circumstances, it does qualify as a disability. For purposes of Social Security Disability, the condition must substantially limit one or more of a patient’s daily activities.

The specific requirements are divided into Criteria A, B, and C. To be eligible for disability, the patient must demonstrate Criteria A plus Criteria B and/or C. The details of each are:

Criteria A

To satisfy this category of conditions, the patient must have at least five of the following:

A depressed mood
Decreased interest in nearly all activities
Disturbances in appetite that result in weight changes
Sleep disruption (e.g., insomnia)
Constant repetitive movements, indicating restlessness
Loss of energy
Negative self-image, including feelings of guilt or worthlessness
Trouble concentrating or thinking
Suicidal thoughts and thoughts about death

Criteria B

The patient should demonstrate either extreme limitation of one of these or a marked limitation of two of these:

Remembering, understanding, or applying information
Concentrating, maintaining pace, or persisting in work duties
Interacting with other people
Managing oneself or adapting to changes

Criteria C

Meeting this requirement means having documented evidence of both of the following:

Mental health therapy, medical treatment, psychosocial support, or some other ongoing setting that is intended to mitigate the signs and symptoms of persistent depressive disorder
Minimal ability to adapt to changes or to new demands that were not previously a part of the patient’s everyday life

Workplace Accommodations for Those with Persistent Depressive Disorder

Employees have the right to receive reasonable workplace accommodations for mental health conditions such as persistent depressive disorder. These are changes to the job or how it is performed that allow the worker to be productive without imposing an undue hardship on the employer. Examples include:

Modifying break schedules to allow time for the employee to attend therapy
Maintaining a quiet office space or allowing devices (e.g., headphones with music) that promote tranquility
Changes in how supervisors direct the employee’s work, for instance,e providing written instructions that are not usually given
Assigning the employee to specific shifts to accommodate counseling sessions
Allowing the employee to work from home

These and other accommodations are permitted for any mental health condition that “substantially limits” the employee’s ability to concentrate, work with others, take care of themselves, or do any other major life activity. The persistent depressive disorder does not have to be severe or permanent, and the patient does not have to forego their ongoing treatment to receive the accommodation. Our team can help you understand your right to workplace accommodations.

Medical Evidence Needed for a Successful Persistent Depressive Disorder Claim

It is essential for anyone claiming Social Security Disability to provide sufficient and detailed medical evidence that documents the existence of their condition and demonstrates how it disrupts their ability to work. In other words, a patient with persistent depressive disorder should be able to connect their condition with an inability to maintain gainful employment. A lawyer can assist you in collecting the evidence you need.

Medical records, documents that show the patient’s treatment history, and statements from medical and mental health professionals (including counselors) will go a long way in supporting the claim. Written statements, in particular, help demystify some of the medical jargon that is often included in healthcare records, linking the patient’s condition to how it impacts their daily work activities. In some cases, statements from the patient or family members and co-workers may provide additional evidence in support of the disability claim.

A Lawyer Can Help You File an SSD Claim for Persistent Depressive Disorder

With experienced legal counsel on your side, you can file a compelling Social Security Disability claim for persistent depressive disorder. Having a disability benefits attorney will help you in several ways, including:

Explaining the Social Security Disability process and what the SSA is looking for when it reviews applications
Gathering your medical evidence and obtaining additional records and statements to support your claim
Submitting the necessary forms and medical evidence to the SSA
Demonstrating to the SSA that your persistent depressive disorder renders you unable to work and therefore qualifies you for disability benefits

Appealing a Denied SSD Claim for Persistent Depressive Disorder

Despite your best attempts to win disability benefits, the SSA may reject a valid claim concerning persistent depressive disorder. If this happens, our firm can appeal the decision by taking these steps:

Reconsideration: You can first request that someone who was not involved with the original decision review your evidence and documents again, including new or updated records.
Administrative Law Judge (ALJ) hearing: If the reconsideration is denied, an ALJ can conduct a hearing in which your attorney will present a case on your behalf.
Appeals Council hearing: The next step for a denied claim is to have the Social Security Appeals Council conduct a higher-level review and examine the applicant’s evidence.
Federal court case: If the SSA continues to deny benefits, you can file a lawsuit that takes your claim into the court system and allows your lawyer to argue that the SSA violated federal law.

Talk to a Lawyer About Filing or Appealing an SSD Claim for Persistent Depressive Disorder

Persistent depressive disorder can be overwhelming, and patients who are unable to work and provide for themselves can experience significant additional anxiety. Pond Lehocky Disability is here to help alleviate that stress. We are dedicated to helping workers receive the maximum amount of disability benefits available.

You can count on the more than 250 years of combined experience we bring to the table, with a track record of over 100,000 successful cases. Are you ready to schedule a free, no-obligation consultation with our legal team? Give us a call or complete our contact form now.