Case Strategy for Disability
Claims Based on Depression

The only thing you have to prove to an Administrative Law Judge to qualify for SSI or SSDI is that you are unable to work. So, when claiming under the allegation that you deserve benefits because of depression, you must be able to prove that this depression interferes with your ability to work.

Any medical or mental condition that limits your ability to work 8 hours a day 5 days a week can be considered debilitating in the eyes of an Administrative Law Judge. Some judges have provided a favorable decision to people who have had a minor heart defect, but they were so apprehensive about their medical condition that it makes them unable to work due to compromised attention and concentration. Still yet, I have seen persons with herniated disks be turned down because they have an exceptionally high threshohold for pain.

The decision of the judge boils down to whether or not the depressed person can hold down a job that is a sit down job, requires no training, and allows the person to sit, stand or adjust their position and is not a production based type of job. Some examples of these types of jobs would be a small parts assembler, a surveillance system monitor, a hand packer, or a small part assembler.

The judge will, in most cases, call a vocational expert to testify. This vocational expert will review your case and compare your abilities to certain job requirements. This vocational expert will either be able to say you are fit to do minimal requirement jobs or if you are unfit to work in the national economy.

Social Security cases can be won in the favor of the client if they work with their attorney and report everything to them. You will need to visit your doctor and possible a mental health specialist to help further prove your case. But, yes, you can win a Social Security case due to depression.