Depressive disorders can be both disruptive and distressing. But are they severe enough to warrant protection under the law? Is depression a disability?
What Is Depression?
To answer the question, is depression a disability, it is important to first establish what we mean when we use the term “depression.”
Not just ‘a case of the blues’
In informal conversations, people often use “depressed” as a synonym for being sad or having a case of the blues. In this context, you may hear someone say they’re depressed because their favorite team lost or they failed a test.
While experiences like these can absolutely have a negative impact on a person’s mindset, the sadness they cause is typically temporary and easily alleviated. When the team wins their next game, or the person passes their next exam, any despair they experienced will likely be soon forgotten.
When depression is used in a clinical context, as in today’s post, it can refer to several serious mental health disorders, all of which can have a catastrophic impact on virtually every part of a person’s life.
Diagnostic criteria
As established in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), depressive disorders involve a variety of psychological, physical, and cognitive symptoms that undermine a person’s ability to function at full capacity in school, at work, or in social situations.
Examples of depressive disorders include:
- Major depressive disorder
- Persistent depressive disorder
- Postpartum depression
- Premenstrual dysphoric disorder
- Seasonal affective disorder (SAD)
The main differences among these disorders are when symptoms occur, how severe they become, and how long they last. Common symptoms include:
- Low mood – which can involve a sense of sadness, emptiness, or hopelessness
- Diminished interest and/or lack of pleasure from most activities
- Significant unintentional weight loss or gain
- Disrupted sleep patterns, which may include either hypersomnia (sleeping too much) or insomnia (difficulty getting to sleep and staying asleep)
- Persistent fatigue and/or exhaustion
- Feelings of worthlessness or inappropriate guilt
- Difficulty concentrating, thinking clearly, and/or making decisions
- Restlessness and/or agitation
- Recurrent thoughts of death and dying, which may or may not involve suicidal ideation
If you have been experiencing symptoms like these, or you know someone who has, a good first step would be to consult with your doctor or schedule an assessment with a reputable mental health treatment provider in your area.
Completing a thorough evaluation and receiving an accurate diagnosis can be vital steps on the path toward effective treatment and a healthier future.
Is Depression a Disability?
Now that we’ve established what depression is from a clinical perspective, let’s turn our attention back to the question in today’s headline: Is depression a disability?
Though this looks like a simple yes/no question, it’s actually a bit more complex.
As defined by the Americans With Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Social Security Administration (SSA), depression can qualify as a disability. However, in each case, a person must also meet certain additional criteria.
Americans With Disabilities Act
The ADA outlaws disability-based discrimination in several areas, including employment and access to services such as public transportation. While the law was initially presented as a way to ensure that people with physical disabilities were treated fairly, it also covers individuals who have depression and a host of other mental health concerns.
From an employment perspective, this means that a person with depression cannot be fired, denied promotion, or rejected as a candidate due to their mental health condition, as long as they can fulfill all duties associated with the job with reasonable accommodations.
Family and Medical Leave Act
The FMLA authorizes covered employees to take up to 12 weeks of unpaid leave each year for several approved reasons, including to seek treatment or to support a loved one who is receiving care.
Depression and other mental illnesses are approved reasons for taking leave under the FMLA if the disorder requires inpatient care or another type of continuing treatment by a healthcare provider. This includes both acute cases, such as debilitating major depressive episodes, and chronic conditions such as persistent depressive disorder.
Social Security Administration
The SSA manages two disability-related financial support programs, Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). Someone who has depression may qualify for these programs if their symptoms prevent them from working and they meet certain other criteria:
- For SSI, a person must have limited earning capacity as a result of their struggles with depression. They must also have “little to no” resources, which the SSA defines as bank accounts and vehicles worth no more than $2,000 for individuals and $3,000 for couples.
- To receive funds through SSDI, a person’s depression must be severe enough to prevent them from working for a year or more, They must also have amassed enough work credits, which can range from 1.5 years to 9.5 years of qualified prior employment depending on their age when they became disabled.
The process of applying for either SSI or SSDI can be quite complex and take a considerable amount of time. For example, in the case of SSDI, the SSA website notes that there is typically a five-month waiting period before a person receives their first payment.
Learn More About Depression Treatment in Atlanta
Whether or not you qualify for disability protections due to depression, you can still benefit from professional care to help you manage your symptoms and improve your ability to function.
Valor Behavioral Health offers personalized outpatient services for adults and adolescents whose lives have been disrupted by depression and other mental health concerns. Treatment options at our center in Atlanta, GA, include a partial hospitalization program (PHP), an intensive outpatient program (IOP) and a virtual outpatient program.
To learn more about how we can help you or a loved one, or to schedule a free assessment, please visit our Admissions page or call us today.
