For many people, the idea of public speaking, attending a crowded event, or even making a phone call can cause feelings of nervousness. But for those living with social anxiety disorder, these everyday situations can trigger intense fear and physical symptoms, making it nearly impossible to function at work and in daily life. If your social anxiety is preventing you from earning a living, you may wonder if it qualifies as a disability. The short answer is yes, it can.
Living with a severe mental health condition like social anxiety can be isolating and overwhelming, especially when it affects your ability to work. Understanding your rights and the process of applying for disability benefits is the first step toward getting the support you need. This article will explain what social anxiety is, how to apply for benefits, why claims are sometimes denied, and how a disability lawyer can help you fight for the compensation you deserve.
What is Social Anxiety?
Social anxiety disorder, also known as social phobia, is more than just shyness. It is a recognized mental health condition characterized by an intense and persistent fear of being watched and judged by others. This fear can be so severe that it interferes with work, school, and other ordinary activities.
Symptoms and Impact on Daily Life
People with social anxiety may experience a range of emotional, behavioural, and physical symptoms when faced with a social situation.
Emotional and Behavioural Symptoms:
- Intense fear of interacting with strangers
- Worrying about embarrassing or humiliating yourself
- Fear that others will notice you look anxious
- Avoiding doing things or speaking to people out of fear of embarrassment
- Anxiety in anticipation of a feared activity or event
- Spending time after a social situation analyzing your performance and identifying flaws in your interactions
Physical Symptoms:
- Blushing, sweating, or trembling
- Rapid heart rate
- Upset stomach or nausea
- Shortness of breath
- Dizziness or lightheadedness
- Feeling that your mind has gone blank
For someone with social anxiety, the workplace can feel like a minefield. Tasks like participating in meetings, collaborating with colleagues, talking with a supervisor, or even eating lunch in a common area can trigger overwhelming anxiety. This can lead to poor job performance, missed workdays, and ultimately, the inability to maintain employment.
Applying for Disability Benefits for Social Anxiety
If social anxiety prevents you from working, you may be eligible for short-term disability (STD) or long-term disability (LTD) benefits. These benefits are typically provided through a group insurance plan from your employer or a private policy you purchased yourself.
The Application Process
- Review Your Policy: The first step is to get a copy of your disability insurance policy. This document outlines the definition of “disability,” the benefits you are entitled to, waiting periods, and the specific requirements for filing a claim.
- Consult Your Doctor: Your claim will need strong medical evidence. Your family doctor, psychiatrist, and/or psychologist will need to provide a detailed report on your diagnosis, symptoms, treatment history (including medications and therapy), and how the condition functionally limits you from performing the essential duties of your job. It is crucial that your doctor is supportive of your claim.
- Complete the Application Forms: The application package usually includes three parts: a form for you to complete, a form for your doctor to complete (the Attending Physician’s Statement), and a form for your employer to complete. Be honest and detailed when describing how your social anxiety impacts your ability to work. Provide specific examples.
- Submit Your Claim: Once all forms are completed, submit them to the insurance company. Be sure to keep copies of everything you send.
The process is similar for both STD and LTD claims, though LTD claims often require more extensive medical documentation due to the longer benefit period.
Why Social Anxiety Disability Claims Are Denied
Unfortunately, insurance companies frequently deny claims for mental health conditions like social anxiety. These conditions are often called “invisible illnesses” because they lack the objective physical evidence seen with other injuries.
Common reasons for denial include:
- Insufficient Medical Evidence: The insurer may argue that there isn’t enough medical proof to support your claim. This could mean a lack of a formal diagnosis from a psychiatrist, inconsistent treatment history, or medical records that don’t clearly explain your functional limitations.
- Definition of “Total Disability”: Your policy will have a specific definition of what it means to be “totally disabled.” For the first two years, it usually means you are unable to perform the essential duties of your own occupation. After that, the definition often shifts to being unable to perform any occupation for which you are reasonably suited by education, training, or experience. The insurer might argue that even if you can’t do your old job, you could do a less social, more isolated one.
- Failure to Follow Recommended Treatment: If you are not following your doctor’s prescribed treatment plan, such as attending therapy or taking medication, the insurance company may use this as a reason to deny or terminate your benefits.
- Video and Social Media Surveillance: Insurance companies sometimes hire private investigators to conduct surveillance on claimants. If they capture video of you in a social setting or see posts on your social media that appear to contradict your claim, they may use this as evidence to deny your benefits.
How Kotak Law Can Help Fight a Denial
Receiving a denial letter from your insurance company can be devastating, but it is not the final word. You have the right to fight back, and you do not have to do it alone.
At Kotak Law, our experienced disability lawyers understand the tactics insurance companies use to deny legitimate claims for mental health conditions. We are here to advocate for you and ensure you receive the benefits you are entitled to.
When you work with us, we will:
- Review Your Case: We will conduct a thorough review of your insurance policy, medical records, and the insurer’s denial letter to build the strongest possible case.
- Commence a Lawsuit: We will file a lawsuit against the insurance company for wrongful denial of your benefits. This action forces the insurer to take your claim seriously and demonstrates that you will not be pushed aside.
- Negotiate a Settlement: In many cases, once a lawsuit is filed, insurance companies become more willing to negotiate. Our skilled lawyers will handle all communications and negotiations, aiming to secure a fair lump-sum settlement that provides you with financial security. This allows you to move forward without the stress of being monitored by the insurance company.
You have been through enough while battling social anxiety. Let us handle the legal battle. If your disability claim for social anxiety has been denied, contact Kotak Law today for a free consultation. We work on a contingency basis, which means you don’t pay any fees unless we win your case.
