Do They Consider Depression for Disability in Nevada?
Understand the Considerations for Mental Health Disability in NV
Are you or a loved one struggling with chronic depression or bipolar disorder? If you answered yes, you may be curious to learn: Do they consider depression for disability in Nevada?
Disability benefits can be notoriously challenging to obtain, with several hurdles to clear before approval. Even if a mental health condition qualifies you for consideration, you must meet specific circumstances before you win benefits.
Icarus Nevada has helped many clients get the help they need for depression, anxiety, and related disorders. While we don’t have legal experience, we do understand the basic process of applying for disability insurance. We provide evidence-based therapy to all who come to our Las Vegas facility for help.
Please keep reading to get an introductory look at application information for disability benefits in Nevada, and how Icarus Nevada can help if depression has become a heavy weight to carry.
Applying for Disability Benefits for a Mental Health Condition
To answer the question in our title, the short answer is yes. Depression can be considered a basis for disability in Nevada.
However, the application process and getting approved may require the assistance of a law firm to guide you.
Nevada residents seeking SSI benefits and additional resources at the state level must meet particular criteria set by the United States Social Security Administration.
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The Social Security Administration Criteria for Disability Benefits
To qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) for a mental illness (depression,) you must first meet or exceed the following:
You Must Provide Medical Evidence of the Severity of Your Depression to Receive Benefits
The depression must be more than a “depressed mood.” It must be a marked limitation debilitating enough to significantly impair workers’ daily activities. The limitation may mean difficulty concentrating, applying information you learn to a work setting, or managing yourself.
Any medical condition must meet the guidelines in the SSA Blue Book, section 12.04, which covers Affective Disorders. SSA addresses each mental illness in a separate section.
For instance, the SSA listing book mentions psychotic disorders in section 12.03. Or, you might find anxiety and obsessive-compulsive disorders in section 12.06.
You Must Prove Functional Limitations to Be Eligible to Receive SSD or SSI Benefits
When applying for social security benefits, you will need to provide evidence that your depression results in at least two of these:
- The symptoms cause extreme limitations in your daily life
- Lack of social functioning in almost all activities
- Extreme difficulty concentrating, pacing, or persisting (e.g., can’t complete tasks)
- Repeated worsening of the symptoms
You must provide medical records to prove these symptoms on your initial application.
What should you include?
Some records you should include as proof of your mental health struggles include:
- Psychiatric evaluations, including a diagnosis from your doctor
- Documentation of worsening symptoms
- Hospitalization records related to your claim
- Medication or prescription drug records
- Notes or counseling records from therapists or licensed social workers
These conditions must persist for at least a year for a positive final decision – the more mental health and medical records you can include to prove you are eligible, the better.
How Many Work Credits for SSI or Social Security Disability Benefits?
To receive SSI benefits, you do not need to have work credits. The program is needs-based and designed to help any person with limited income and resources and disabled. The SSI benefit amount does not consider work history when determining payments.
However, Social Security disability benefits do consider work history to determine if you’re eligible. SSA will pay benefits based on the applicant’s age and work history when they file for SSD benefits.
You earn credits by earning income, whether working for an employer or self-employment. You do not accrue credits for disabilities that qualify for workers’ compensation pay.
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State of Nevada Considerations for Disability Benefits
The Silver State offers a few additional resources to those unable to work due to severe depression. Programs are offered through the Nevada Bureau of Disability Adjudication, where the agency determines eligibility for services based on your SSA claim.
The state may also approve you to receive Nevada Medicaid, which covers depression treatment, therapy, and medication, for those who qualify.
This coverage is very helpful for those who have lost health insurance due to a mental illness.
Department of Veterans Affairs and Benefits Post-Active Duty
The US Department of Veterans Services also considers depression a qualifying condition and offers mental health benefits to support past service members.
They assign a disability rating to every person who applies for disability benefits through the VA, with a rating scale of 0% to 100%, with 100% set as the most severe symptoms.
The VA documentation requirements somewhat differ from those for applying for SSI or SSD benefits. If you are a former Armed Forces member, look up your VA options on the Mental Heath page of their website.
The Importance of Retaining a Law Firm
Getting the right lawyer to help you can take away much of the stress of the application process.
Nationally, the Social Security Administration denies about 67% of initial claim filings. But why such a low rate of approvals after you’ve provided medical evidence of your mental illness?
This denial is often due to the details.
SSA explains that people often provide incomplete or missing medical documentation or an unconvincing illustration of how depression impedes the person’s ability to work or disrupts daily living.
But all is not lost.
A good legal team can help you file the first appeal, called a reconsideration. You can amend your claim with additional information if you forgot any requirements in the first claim. This has another low approval rate of under 15%.
If the reconsideration is unsuccessful, the applicant can request a hearing with an administrative law judge, where the chance you’ll win benefits increases by 45%. Most people report wait times for this hearing are at least one year, usually 19 months.
Your lawyer is usually highly motivated to provide all the information and correct answers to Social Security. Most work on a contingency basis, meaning they only get paid if they help you meet all the requirements of a successful claim.
An Example of a Success Story from Depression Treatment at Icarus Nevada
An example of this is our past client, ‘Suze.’ She initially filed her first SSI application herself. She was denied after unknowingly missing an important medical document.
Her depression was so deep that she could barely complete the process. Suze decided to hire a law firm to help her file for reconsideration.
In Suze’s case, the third time was the charm – a judge approved her SSI benefits on the final appeal. Thanks to her lawyer, Suze now has SSI and Nevada Medicaid. The small income plus health benefits allowed her to come to Icarus for outpatient care.
Her depression is stable now and no longer worsening. After years of declining – Suze counts that as a win.
Do SSI or SSDI Benefits End?
The benefits can end for these programs under certain conditions:
- Incarceration of more than 30 days (they can reopen the claim after release)
- Medical improvement of the disability so significant that the doctor approves a return to work
- Increases in income or resources (SSI)
- Failure to cooperate with reviews
- Reaching full retirement age to receive social security (SSDI benefits)
Other than these limited circumstances, the person remains eligible until death once they qualify for disability benefits.
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Call Icarus Nevada for Help With Depression and Mental Health
Your depression can hurt not only you but also your family members who want nothing more than to see you thrive again.
Call Icarus Nevada today if your persistent depression is robbing your life of all its joy. Our compassionate mental health treatment team will work with you to find the root cause of your depression, whether it’s rooted in trauma or brain chemistry imbalances.
Once we discover that, you’ll enjoy a custom treatment plan to manage your symptoms and limit the impact of depression on you and your loved ones.
You don’t need to struggle alone; our team is here to guide you through recovery from your most pervasive symptoms. Call us today for help.
