One of the most difficult disabling conditions to prove is depression or anxiety. Disability insurance providers often challenge these claims because there is no objective test that can prove someone is depressed. People diagnosed with depression usually look normal on the exterior; however, their ability to function and perform in a work environment with reasonable continuity is severely limited. In a disability claim, the insurance company will rely on a hired psychologist or psychiatrist to determine if the claimant has restrictions and limitations caused by depression or anxiety. Often, a claimant’s treating psychologist or psychiatrist will not take thorough notes, and the insurance company will state that the claimant’s doctor has not documented any restrictions or limitations. We have handled thousands of disability claims dealing with depression and anxiety. Let’s talk about how our experience can help you.
We also see disability companies argue: “If your depression was so debilitating, why were you not hospitalized?” The disability carriers will sometimes arrange for the claimant to submit to a two-day neuropsychological examination and another exam with a forensic psychiatrist. In 8 out 10 times, these hired guns will decide that the claimant is not disabled and can return to work. The neuropsychological testing is also used be insurance companies in an effort to prove malingering or exaggeration of symptoms. It is important to hire a law firm that has experience in dealing with neuropsychological testing and depression disability claims. Claimants need to be aware that most ERISA governed disability policies and many individual disability policies will limit mental nervous claims to two years of benefits only. In many of our cases, if a person has an physically disabling condition, then we will attempt to prove that the depression or anxiety is secondary to the physical condition. This argument can allow a disability claim to extend beyond two years.
Our Experience with Disability Insurance Claim for Depression and Anxiety
Our disability insurance lawyers have recovered benefits for hundreds of claimants with depression or anxiety. Here are some examples of our resolved cases for claimants with depression or anxiety:
- Unum issues disability insurance benefits to currency trader suffering from depression and chronic fatigue
- $800,000 lump-sum disability settlement for attorney with depression
- Liberty Mutual reverses decision to terminate disability benefits
- Former government bond trader and 9-11 survivor receives more than $1M in long-term disability benefits
- Unum Provident and Monarch Life Insurance Company pay total disability to dentist
Our Lawyers Handle Depression Claims Daily
Depression is one of the most common psychological problems for a short or long term disability claim. One in six Americans has been diagnosed with depression. Depression is a chronic medical illness that does not just affect the mind but also the body, affecting how you think, feel and behave. There are several distinct types of depression including:
- Major Depressive disorder
- Dysthymic disorder
- Manic depression
- Atypical depression
- Chronic depression
- Double depression
- Endogenous depression
- Situational depression or Reactive depression
- Agitated depression
- Psychotic depression
- Melancholic depression
- Catatonic depression
- Post-partum depression
Depression is rarely an isolated condition. People with depression often suffer from other conditions, injuries, illnesses or disabilities, including heart disease, diabetes, Parkinson’s, HIV/AIDS and cancer.
Symptoms of Claimants Seeking Disability as a Result of Depression
People suffering from depression may exhibit some of the following symptoms:
- Loss of interest in a normal activities
- Persistent feeling of sadness
- Significant weight loss or gain
- Suicidal thoughts and behavior
- Slowed thinking
- Decreased concentration
- Loss of energy
These symptoms make even the smallest tasks seem overwhelming. Workers suffering from depression could be entitled to benefits if their condition makes working a regular schedule impossible.
If you have more questions about receiving benefits for your depression, contact our disability insurance lawyers for a free consultation. Schedule a free consultation with us, and we will give you an assessment of your best options. We handle cases in all 50 states.
The following resources provide additional information about depression and anxiety:
- National Institute of Mental Health
- NARSAD The Brain & Behavior Research Fund
- NAMI National Alliance On Mental Illness
- American Foundation For Suicide Prevention
- Mental Health America
For updates about depression and disability insurance, check this page for news. We provide a feed of information that could be relevant to your benefits.