Rice Law Office Blog

MIND-BODY CONNECTION: DEPRESSION AND ITS ROLE IN MAXIMIZING SOCIAL SECURITY BENEFITS

While it is certainly possible to receive social security based upon one impairment alone, it is not likely. Most cases are won by individuals suffering from multiple impairments, both physical and mental. The fact is, our mind and body are connected and chances are if one isn’t functioning correctly, the other is also impacted.

Indeed, claimants who suffer from a severe disabling condition almost always have accompanying depression and/or anxiety. When you consider the effects of a serious injury or condition, this outcome should be expected. Serious injuries and medical conditions inevitably lead to altered work routines, additional financial pressure because of lack of income, as well as changes in the types of social, athletic and recreational activities in which you can engage. This creates stress and anxiety which can be disruptive in personal and family relationships.

Moreover, the strong medications used to treat chronic pain often effect sleep patterns and even cognition. Lack of sleep combined with powerful pain medications can affect concentration- many patients have described feeling like they are in a fog, or just "not themselves" any more.

It should come as no surprise that serious physical disabilities are often accompanied by depression and anxiety. What you may not realize, is that it is crucial these mental health symptoms are included in the social security disability application. In determining whether an individual’s physical or mental impairment are of a sufficient severity in order to be eligible for social security benefits, the Social Security Administration (SSA) must consider in accordance with the law (42 USC § 423(d)(2)(B) the combined effect of all of the individual’s impairments.

Disabled Veterans Applying for Social Security

Disabled veterans may be eligible for both social security and veterans disability benefits at the same time, and its important to pursue both options to maximize benefits. Since Veteran Affairs (VA) compensation, or service connected disability, is not based on income, veterans are potentially eligible to receive VA compensation and social security disability (SSDI) simultaneously. Pension benefits are part of the need-based program, and are very similar to supplemental social security income (SSI) offered through the Social Security Administration. While veterans must establish that they suffer from a service connected disability in order to be eligible for VA compensation, veterans who have very little or no income and who are disabled based on non-service disabilities, may also be entitled to compensation under the VA pension plan. Social Security Disability (SSDI) and VA compensation typically offer more generous benefits than either SSI or VA pension. However, it is certainly worthwhile to be aware of these other need-based programs.

One significant difference between social security disability and veterans disability is that claimant doesn’t need to establish the total disability in order to be eligible for VA disability compensation. In general, the Social Security Administration only pays benefits to people who are totally disabled, not partially disabled, or suffering from short-term disability. Claimants are considered disabled if they cannot do work that they did before and if social security decides that the claimant cannot adjust to other work because of his or her medical condition. In addition, the claimant’s disability must last or be expected to last for 12 months or in some cases be expected to result in death. This is not the case with the VA disability compensation. In fact, most veterans who receive VA compensation do not receive a total disability rating. Veterans can receive a compensation rating as low as the 10% level. As mentioned above, another major difference between the two benefit programs is that while the VA only considers service connected disabilities (for VA compensation), the Social Security Administration will consider all impairments regardless of whether they are service related or not.

Establishing a compensable disability rating for purposes of VA benefits may actually improve your chances for being deemed eligible for social security benefits; the higher the rating, the more likely you are to be successful in your bid for social security. In fact, it is the rule in some circuits that VA ratings are entitled to "great weight" when determining a claimant’s application for social security disability. This is because another federal agency has already found that you are either incapable of work or you are at a level where full-time work would be very difficult.

Finally, keep in mind a social security claim for survivor benefits based on the death of a veteran also constitutes a VA claim for death benefits. They are said to be received by the VA at the same time as they are received by the SSA. In seeking death benefits or disability benefits, it is absolutely vital that claimant contact both the Social Security Administration and the Veterans Administration to explore all of the benefits available.