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Legal Disability & Depression

Depression is a form of mental illness that can be debilitating for some people. In the United States, people can receive both disability benefits and workplace accommodations if their depression has a considerable impact on their day-to-day functioning. If you are suffering from depression, you should be aware of your legal rights and the programs that are available to help you.

  1. Depression

    • According to the Mayo Clinic and the World Health Organization, depression is a medical condition characterized by depressed mood, sadness, and a loss of interest in things that normally give you pleasure. Varying symptoms of depression can include an inability to concentrate, anxiety, worry, irritability, changes in eating habits and even suicidal thoughts. Depression can be a serious condition that negatively impacts a person's ability to form and maintain good relationships with others, perform daily self-care tasks (such as personal hygiene and household chores) and hold down a job.

    Social Security Disability Programs

    • The Social Security Administration oversees two disability benefits programs that provide monthly cash benefits: Social Security Disability Insurance (SSDI) is available for those who have worked and paid into the Social Security system long enough to be eligible for benefits. Supplemental Security Income is paid from general tax revenues to very low income people with disabilities. If you have depression, you may be able to qualify for one of these programs.

    Americans with Disabilities Act

    • According to "A Guide to Disability Rights Laws," published by the U.S. Department of Justice, the Americans with Disabilities Act prohibits discrimination against the disabled by employers and state and local governments. Discrimination is also forbidden in commercial facilities, public accommodations, transportation and telecommunications. Under the ADA, employers are required to provide reasonable accommodations to disabled employees providing that the accommodation doesn't create an undue hardship for the employer.

    Workplace Accomodations

    • If you have been diagnosed with depression, you may be able to ask your employer to make accommodations for you in the office. For example, if your medications make you groggy, you may be able to ask for a later start time, or that you telecommute in the mornings. If you are easily distracted by noises and activity, you may be able to request a private office or a cubicle that is located in a quiet area. You should be aware, though, that an employer is not obligated to make accommodations if they present a hardship or are unreasonable: If your job requires that you be available early in the morning to answer questions or take calls from customers, telecommuting or a later start time may simply not be possible.

    Warning

    • Without careful documentation of your condition, you may find it difficult to win a disability claim with Social Security or request accommodations from your employer. Work closely with your health care providers to document your condition. Don't be embarrassed: This information is crucial in establishing your case for benefits or accommodations.

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