Get Social Security Disability & SSI: Anxiety/Panic Disorder

Your Social Security disability & SSI application or appeal concerning your anxiety or panic disorder will be allowed if you satisfy two Social Security criteria: 1) Non-Medical Criteria, and 2) Disability Criteria.

This page covers how Social Security evaluates your anxiety and panic disorder. Our next page covers how Social Security determines and evaluates your Functional Limitations to determine whether you are disabled. Then we will move on to what Evidence that you must provide to establish your medical condition, your limitations, and the remaining issues in your Social Security disability case.

Disability, Medical Evidence, And Anxiety & Panic Disorder

Anxiety and Panic disorder are serious medical conditions and common Social Security and SSI disability cases. You or your child can match the disability criteria with anxiety and panic disorder. Both are very closely related psychiatric disorders with very similar symptoms. Social Security is more likely to rule in your favor if your condition results in the following:

1. Worry,
2. Nervousness,
3. Panic and anxiety attacks,
4. Social avoidance,
5. Phobias,
6. Apprehension,
7. Fear,
8. Isolation, and
9. Crying spells.

Social Security will want evidence of a 1) diagnosis from a mental health specialist, 2) ongoing treatment which is talk therapy with a mental health specialist (not just a primary doctor), and 3) medications. All three are generally necessary to win an anxiety disability case. Medications are extremely common and usually the first type of treatment prescribed. Medications are plentiful. Typical anxiety medications include benzodiazepines like diazepam (Valium), alprazolam (Xanax), clonazepan (Klonopin), and lorazepam (Ativan). Anti-depressants have been helpful in treating anxiety and typically include selective serotonin reuptake inhibitors (SSRI’s) which include the brand-names Prozac, Lexapro, Paxil, and Celexa.

It is common that anxiety or panic disorder suffers admit to emergency rooms or urgent care centers complaining of heart conditions such as palpitations, shortness of breath, chest pain, etc., and the cardiac testing is normal. Usually, these admits are not heart related at all, but rather, they are anxiety attacks. It you have had these admits, it is important to submit them to the Social Security as they are indicative of a severe anxiety condition.

Anxiety & Panic Disorder Social Security & SSI Listings

The listings are Adult Listing 12.06 and Child Listing 112.06. An adult must meet section 1 and 2, or 1 and 3:

1. An adult must meet a, b, or c and a child must meet a, b, c, or d –
   1. An adult must have anxiety and at least three of the following and a child must have anxiety and at least one of the following –
      • Nervousness,
      • Tiredness,
      • Poor focus,
      • Ill-natured behavior,
      • Muscle tightness, or
      • Sleeping problems; and
   2. One must have panic disorder or agoraphobia and at least one of –
      • Panic attacks, or
      • Significant fear/anxiety about two or more aspects of regular life (e.g. public transportation, crowds, going outside),
   3. One must have obsessive-compulsive disorder (OCD) and at least one of –
      • Uncontrollable and unwanted thinking, or
      • Recurring behaviors in an attempt to quell mental health; and
   4. A child has significant problems being apart from those to whom they are emotionally connected.
2. One must have one of the following limitations that are extreme or two that are marked –
   1. Comprehending and processing information,
   2. Social interaction,
   3. Pace, or
   4. Handling one’s own needs; and
3. The anxiety or OCD is “serious and persistent” for two years or more, and both –
   1. One is receiving medical care that helps your condition, and
   2. One has difficulty responding to new life stressors.

An Anxiety Case – In Action

Ms. Jensen was from Houston, TX. She suffered severe anxiety, mild to moderate depression, mild diabetes, and past alcohol abuse. She was denied by Social Security at both the initial level and reconsideration. She hired counsel to represent her after her reconsideration denial. After a long nearly two-year wait, her hearing was scheduled at the Social Security Office of Hearings Operations on Bissonnet Street.

Counsel and Ms. Jensen worked together to prepare her case for a hearing and obtained seven pieces of evidence for her case:

1. Medical records from her primary medical provider.
2. Emergency room records from two local hospitals. In one visit, she was admitted for a panic attack. In another, she was admitted for chest pains.
3. Alcohol treatment records.
4. Medical records from her treating psychologist.
5. A statement from her treating psychologist. This took a great deal effort to obtain the statement because the psychologist was concerned he would become involved in a time-consuming legal matter. Once counsel assured him this would not happen, counsel scheduled a phone call with him and then draft a declaration of the conversation. The psychologist discussed the nature of his treatment of her, her diagnosis, symptoms, and ever-changing medication regimen. I specifically asked him about Ms. Jensen’s alcohol abuse. He opined that her alcohol use did not cause her anxiety or worsen her symptoms – this was an issue that is always important in any Social Security disability case. He stated Ms. Jensen would be unable to maintain a full-time work schedule due to her anxiety and isolation behaviors.
6. Community college records. Counsel obtained a statement from her school counselor who stated that Ms. Jensen attended two quarters of school, missed classes about once a week, required breaks in the middle of class, and needed a tutor to help her with her studies. The counselor noted Ms. Jensen’s anxiety, panic attacks, and crying spells.
7. A statement from her oldest son who wrote that Ms. Jensen suffered daily anxiety with excessive worry, fear, isolation, and that she suffered near-daily anxiety attacks.

At her hearing, most all questions were asked by counsel. Ms. Jensen had difficulty testifying as she had difficulty explaining her limitations. She was frequently tearful. With patience and help, she was able to explain how she was fired from her last three jobs due to her longstanding anxiety. She explained how she had panic attacks at home that kept her from regular work and school attendance, and how she was forced to hide in the bathroom at work and school when she suffered panic attacks. Considerable time was spent discussing her isolation behaviors.

The ALJ wrote a fully favorable decision awarding Social Security disability and SSI benefits. He wrote Ms. Jensen would be unable to maintain regular work attendance. Despite past addiction issues with alcohol, the ALJ found it was not material to her anxiety symptoms or her disability.