Social Security Disability Mental Testing for Depression

Social Security will send you to a mental exam with a psychologist or psychiatrist if you don't have up-to-date psychiatric records to support your disability.

Related Ads

Talk to a Disability Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

If you are filing for Social Security disability (SSD) or SSI benefits based on a condition that involves depression, you should take every step possible to back up your claim with solid medical evidence. This is true whether you are listing depression as a primary disabling factor or as a secondary symptom of a broader ailment (for example, chronic fatigue syndrome or chronic back pain).

Insufficient Medical Records

Many individuals who list depression on a disability application have not recently been treated for their condition, and some have no record of ever receiving treatment. Without recent medical records from a qualified mental health provider (a psychiatrist or psychologist) to confirm an ongoing state of clinical depression, the disability claims examiner or administrative law judge (ALJ) attempting to evaluate your claim will have no choice but to order a consultative exam (CE) to determine your current mental state.

Consultative Exam for Depression

In most cases of depression, Social Security will pay for and send you to a mental CE with a psychologist or psychiatrist who will provide a current, full psychiatric and psychological profile of the claimant. However, if you have listed depression on your disability application but you have no prior history of treatment for your condition, you will likely be sent to a mental status exam, which is generally not as in depth as a full psychological profile. The mental status exam will simply supply the claims examiner or judge with an overview of your current mental state, including observations about demeanor, speech, memory, alertness, ability to concentrate, and ability to adequately interpret simple concepts. 

It is rare that a mental status exam will provide a claimant with enough medical evidence to qualify for disability benefits. Yet, as with all consultative exams scheduled by Social Security, you have no choice but to participate. Without recent medical evidence your case cannot move forward, and refusing a CE can in itself be grounds for dismissal of your claim.

However, a mental CE can be helpful to your case if you have a documented history of treatment for depression and your consultative exam confirms what your medical records already indicate. 

Establish a Mental Health History

Because it is unlikely that a mental consultative exam will provide enough evidence to support a diagnosis of clinical, disabling depression, if you plan to file for disability based on depression, you should be sure to see a mental health professional, preferably a psychiatrist, who will provide a medical diagnosis and record of ongoing, monthly treatment to support your claim.

Psychologists who are Ph.D. holders and are addressed as "Doctor" (an honorary title) are not physicians. Psychiatrists, on the other hand, hold an M.D. and are physicians. Correspondingly, their records, in the eyes of ALJs (administrative law judges), hold more weight and receive more deference than records from other mental health professionals. In addition, they can prescribe medication, and your being on medication to treat clinical depression lends weight to your claim.

In addition, it is critical to take all medications for depression as prescribed by your physician, since failing to do so can result in a denial of disability benefits.

Learn more about mental consultative exams.

Get Your Case Reviewed

Find a lawyer for a free case review.
HOW IT WORKS
how it works 1
Tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO5:DRU.1.6.5.20141029.29183