Panic attacks are short, intense episodes of extreme fear or psychological distress. Major research organizations, like the National Institute of Mental Health, estimate that almost 5% of Americans will experience a panic attack at some point in their lives, so it’s no wonder that panic disorders are commonly reported in Social Security disability applications—frequently alongside related disorders such as anxiety, depression, and agoraphobia.
Panic attacks can be disabling if they occur at a frequency, duration, and intensity that prevent you from working full-time for at least one year. Before you apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), it’s important to know what medical information you’ll need in order to establish that you should be considered disabled.
Many people experience one or more panic attacks in isolation, usually as a response to a stressful time in their life. Typically, when the stressful situation ends, the panic attack subsides as well. But people with panic disorder can have chronic panic attacks even when there’s no danger or reason to be frightened. In this case, their symptoms may cause functional limitations that significantly interfere with their ability to work on a regular basis.
While specific symptoms can vary from person to person (and from one panic attack to the next), the hallmark of a panic attack is sudden fear that occurs without warning and not as a response to any immediate danger. Some people describe them as a short period of apprehension or terror with a sense of doom. Physical symptoms might include:
Panic attacks aren’t the same as the feelings of worry or stress that are normal responses to life’s ups and downs. Panic attacks aren’t dangerous, but they can be terrifying. During a panic attack, you might feel that you aren’t fully in control of your actions or emotions. Or, you might describe feeling paralyzed with fear and anxiety.
The Social Security Administration (SSA) recognizes that frequent, debilitating panic attacks can keep you from performing certain activities, tasks, or duties at work. When these functional limitations are restrictive enough to rule out all jobs, the SSA can find you disabled. Whether the SSA agency finds that your panic attacks are disabling depends on the frequency and duration of the attacks—as well as how effectively they’re managed with counseling and medication.
Your panic attacks might not be disabling on their own. But because panic disorders often occur at the same time as other mental disorders, the SSA will look at the combined effect of any other impairments you might have in order to determine whether you’re disabled. (For more information on related conditions, see our article on anxiety disorders and disability.)
Social Security maintains a list of medical conditions that the agency considers automatically disabling in certain circumstances. Anxiety and panic disorders are included in one of what the SSA calls the “listed impairments.” If your medical record contains evidence of the specific criteria set out inListing 12.06, the agency can find you disabled without having to show that you can’t do any jobs.
To qualify for disability under Listing 12.06, your medical record has to show evidence of at least one of the following:
You must also meet “functional" criteria to show that you have a loss of abilities due to your panic disorder. Simply having a diagnosis isn’t enough—you’ll have to show that your panic disorder causes an “extreme” (debilitating) limitation in one, or a “marked” (intense, but not debilitating) limitation in two, of the following areas:
Proving these limitations can be tricky because terms like “marked” and “extreme” are subjective and not very well-defined. To help the SSA understand how you meet these criteria, it’s a good idea to ask your doctor or counselor to write a medical source statement.
Most applicants who are found disabled under Listing 12.06 do have evidence of marked or extreme limitations. But the SSA can find that you're medically disabled without those limitations if you can show that you're only able to get by as well as you do because you have a lot of help. The agency will look for evidence of a support system that you can't function without, such as social workers, group homes, or family members who make sure that you're taking care of yourself.
The SSA can still find you disabled even when the agency doesn't think you have the right evidence to meet Listing 12.06 if you can show that your panic attacks prevent you from holding any full-time jobs. For instance, even the easiest, least stressful jobs require you to show up on time and perform the job duties. But if you’re calling in sick regularly because you feel too overwhelmed to leave the house, or if you’re so worried about a panic attack occurring that you can’t concentrate on the simplest instructions, it’s unlikely that any employer would hire you.
Social Security’s process of determining what activities you can handle in a work setting is called assessing your residual functional capacity (RFC). The frequency and duration of your panic attacks play a large role in what restrictions the agency includes in your RFC. For example, employers tolerate a certain amount of unscheduled absences and “off-task” behavior from employees. This amount can vary, but typically, taking more than one day off per month or being 10-20% less productive than expected is what the agency calls “inconsistent with competitive employment.” The agency will find you disabled if the time you spend not working because of your panic attacks is outside employer tolerances.
Your medical records are the foundation of your disability claim. Because most people only go to the doctor or therapist when something’s wrong, if the agency doesn’t see that you’ve attempted treatment, they could assume that your panic attacks aren’t that serious. (Your local department of mental health can be a valuable resource if your medical records are a little sparse.)
Try to maintain a consistent relationship with a psychiatrist, psychologist, or other qualified mental health professional. Your doctor or therapist’s progress notes should include your doctor’s impressions of how you’re reacting to prescribed medications, what you’re talking about in counseling sessions, and how you’re acting and thinking (tearful, anxious, angry) during visits.
Ask your doctor or therapist if they can fill out a mental RFC form outlining your limitations. The agency values medical source statements from treating professionals who can shed light on your limitations, especially if you have an opinion from a psychiatrist.
Filing for disability benefits is a fairly straightforward process, and you don’t have to do anything differently when filing for a mental health disorder (as opposed to a physical disorder). You have several options to choose from when starting your application:
If you’re not sure which method to use, check out our article on the best way to apply for Social Security disability for more detailed information about each process.
Social Security doesn't award benefits based on the type of disabling condition you have. Instead, the amount you'll receive if you're awarded benefits will depend on whether you're eligible for SSDI or SSI. (SSDI eligibility is based on your work history, while SSI is a needs-based benefit subject to income and asset caps.) For more details, check out our articles on how much you can get in SSDI and how much you can get in SSI.
Not everybody who applies for disability benefits is awarded on their first try. If, after reading over the denial letter, you disagree with the SSA’s decision, you have 60 days to submit an appeal. Social Security’s appeals process typically involves getting another denial before you can request a hearing with an administrative law judge.
You aren’t required to have an attorney to appeal a denial, but it’s usually a good idea. An experienced disability lawyer or advocate can help you gather the proper medical paperwork, make sure you don’t miss important deadlines, and represent you at a disability hearing. And because disability lawyers aren’t allowed to charge you if you don't win—and they’re limited to a small percentage of your disability backpay if you do win—there’s little risk in finding a lawyer near you to help with your claim.