Major Depressive Disorder and Your Inability to Return to Work

 Posted on March 29,2016 in Social Security Disability Medical Conditions

In a previous post, we explained the clinical and legal definitions of major depressive disorder, a serious mental health condition that may qualify a person for Social Security Disability Insurance benefits. Today, we will look at how Social Security officials are required to assess depression and related mental health impairments in actually reviewing a claim for disability benefits—specifically, how major depressive disorder actually affects an applicant's ability to work.

Depression and Residual Functional Capacity

A person will not receive Social Security disability benefits simply because he or she suffers from depression. Social Security officials conduct a five-step analysis to determine whether an impairment (or combination of impairments) renders the applicant disabled. The fourth step requires an “assessment of your residual functional capacity and your past relevant work.” In other words, Social Security must determine whether or not you could return to your prior line of work despite the fact you suffer from major depressive disorder.

For example, in a 2010 case, Social Security rejected the application of a man diagnosed with several mood disorders. He previously worked for a retailer unloading trucks and stocking shelves. He eventually left that job to seek treatment at a mental health clinic. At his Social Security Disability hearing, the applicant testified he was unable to work anymore because he had continuous “thoughts of harming himself and thoughts of harming other people.” Physicians prescribed antidepressant medications, but the applicant said they did not work and produced a number of negative side effects.

Social Security said, despite this, the man was not disabled because he could still return to work stocking shelves and unloading trucks. A federal appeals court disagreed. Returning the case to Social Security, the court said officials failed to properly consider whether the applicant's mental illness restricted his ability to work. Noting that even unskilled jobs in a retail store require interaction with supervisors and members of the public, the court said, “A psychotic person busy trying to cope with evil spirits and evil thoughts is not likely to be employable as a shelf stocker in such a store.”

A Chicago Social Security Disability Attorney Can Help

Unfortunately, as the court also observed in the case above, “[M]any of the Social Security Administration's administrative law judges seem poorly informed about mental illness.” This seems especially true when it comes to major depressive disorder, which many people are quick to write off as simply “feeling sad” and therefore not a big deal. As with many mental disorders, depression can prevent a person from engaging in the normal daily interactions that are essential to holding down most jobs.

That is why if you suffer from depression and are unable to work, you should not be afraid to seek Social Security benefits. An experienced Chicago disability benefits lawyer can review your case and help you deal with Social Security officials who may not be fully informed on the terrible effects of major depressive disorder. Contact Pearson Disability Law, LLC, today if you need to speak with someone.

Sources:

https://www.law.cornell.edu/cfr/text/20/404.1520

https://scholar.google.com/scholar_case?case=1131378658968086629