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Anxiety

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Is anxiety a disability? —  from ADA to SSA and more

Stephanie Brown

Written by Stephanie Brown

Published: Aug 22, 2024

Medically Reviewed by Klarity Editorial Team

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Is anxiety a disability? —  from ADA to SSA and more
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Anxiety can interfere with every part of your life, including self-care, work, relationships, and more. Sometimes it can even make working or living a normal life near impossible. If anxiety disrupts your daily life, you may ask “Is anxiety a disability?” The answer is yes. 

In this article, learn everything you need to know about whether anxiety is a disability under the Americans with Disabilities Act (ADA), Social Security Administration (SSA), and Individuals with Disabilities Act (IDEA). And find out how to ask for an accommodation at work or file for disability if you have anxiety. 

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Anxiety and the Americans with Disabilities Act (ADA)

The ADA is a civil rights law that protects people with disabilities from discrimination. It covers several areas, including employment, transportation, and public accommodations. 

To be protected by the ADA, you must have a disability — in this case, a physical or mental impairment that limits 1 or more major life activities. According to the ADA, major life activities are tasks most people can perform with little to no difficulty, such as walking, seeing, hearing, breathing, communicating, or learning. 

Is anxiety a disability under the ADA?

As a mental health condition, anxiety, including social anxiety disorder (SAD) and generalized anxiety disorder (GAD), is a disability under the ADA. It’s also a workplace disability, meaning your employer must provide reasonable accommodations if you qualify for ADA protection. And, if you have a service animal for anxiety, the ADA requires businesses and local governments to make certain accommodations. 

What’s required for anxiety to be considered an ADA disability?

To claim anxiety as an ADA disability, you just have to tell your employer that you have a disability and ask for any accommodations you need in writing. You don’t need to provide proof of your disability or even disclose the nature of it. 

Why anxiety as a disability matters under the ADA

Anxiety disorders are considered a mental impairment and are treated like any other disability under the ADA. This means it’s unlawful for employers and businesses to discriminate against you because you have an anxiety disorder that limits your ability to work and take care of yourself. 

Symptoms of anxiety can interfere with your ability to work. For example, you may have difficulty participating in meetings if you have fears about public speaking. You may also find it difficult to meet deadlines when anxiety leads to task paralysis (inability to start on tasks or move to the next step). If you find it difficult to work because of anxiety, once you have ADA disability status your employer can’t bar you from promotion or dock your pay. And they have to provide reasonable accommodations to make it easier for you to work. 

ADA accommodations you can ask for

Some examples of workplace accommodations you can ask for under the ADA include:

  • Flexible workplace: working from home
  • Flexible scheduling: part-time hours, job sharing, ability to make up missed hours, adjusting your work hours
  • Flexible use of leave: sick leave for mental health reasons, flexible use of vacation time, flexible leave (a few hours instead of days at a time) for therapy and appointments, additional unpaid days or administrative leave
  • Breaks: according to individual needs, more frequent breaks, flexible break scheduling, backup coverage during breaks
  • Modifications: keeping food/beverages at desk, reduction/removal of distractions in the workplace, natural lighting, allowing headphones or music, modified job duties
  • Equipment: tape recorders for recording meetings/lectures, organizers or planners, distraction-minimizing software
  • Management: flexible and supportive supervision, additional forms of communication (written and visual), proactive problem-solving strategies for tough days, regularly scheduled “check-in” meetings, written work agreements, employee education about accommodations

How to ask for accommodations

Once you’ve been diagnosed with an anxiety disorder, make a list of accommodations that can help you both work and maintain your mental health (your mental health provider can help you with this). Then, use this template to write a letter or email to your employer’s HR department: 

Dear Mr./Ms. (Contact at Human Resources Department):

I work at (Company Name) as a (Your Job Title) and have been in this position since (Date).

I am writing to request that you provide (list accommodation needed here) as a reasonable accommodation under the ADA. I have a disability (you may list your disability here or wait for your employer to request documentation of your disability) and this accommodation will help me be more successful at my job.

If you are unable to provide me with (list accommodation needed here), I ask that we engage in the interactive process to determine whether there is an alternative effective accommodation.

If you have any questions, feel free to contact the Job Accommodation Network a 1-800-526-7234 or the ADA Information Line at 1-833-610-1264 for more information, free of charge.

Please contact me if you have any questions about my request. I would appreciate a written response to this letter. Thank you very much.

Sincerely,
(Your Name)

You can also ask for accommodations in person, but written communication is recommended so your request is documented.

How to file a complaint

You can file a complaint if you feel you’re being discriminated against by a state or local government (such as a government-sponsored program, public hospital, or public school) or a business. How you file your complaint depends on what it involves. 

The ADA website provides instructions and resources for those who want to file a complaint. For employment complaints, file with the Equal Employment Opportunity Commission by following the instructions on its website at www.eeoc.gov. File with the Department of Transportation for complaints against an airline or the Department of Housing and Urban Development for housing complaints. For anything else, file a complaint with the Department of Justice, Civil Rights Division. 

Anxiety and the Social Security Administration (SSA)

In the U.S., the SSA provides disability insurance for people who qualify. To be eligible, you must have worked in jobs where you paid into Social Security and have a medical condition that meets its definition of a disability. 

You have a qualifying disability under the SSA if: 

  • You can’t work at a certain standard or quality because of your condition
  • You can’t do work you’ve done before or switch to another type of work due to your condition
  • Your condition has lasted, or is expected to last, at least 1 year or until you die

Does the SSA consider anxiety a disability?

Yes, the SSA considers anxiety a disability, but the criteria are stricter than they are under the ADA. Under the SSA, your anxiety disorder must be characterized by 3 of the following criteria:

  • Restlessness
  • Easily fatigued
  • Difficulty concentrating
  • Irritability
  • Muscle tension
  • Sleep disturbance

It must also be extremely limiting to your mental function or considered “serious and persistent.” To be considered serious and persistent, you must have at least 2 years of clinical documentation of your disorder and medical treatments, as well as minimal ability to adapt to changes in your environment.

What anxiety as a disability means for the SSA

There are 2 different SSA programs you may qualify for if you have an anxiety disorder — Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). 

SSDI generally pays monthly benefits to people who are unable to work for 1 year or more due to a disability, such as an anxiety disorder. There’s typically a 5-month waiting period before benefits kick in. But, once they start, benefits continue until you can work again on a regular basis. 

SSI provides money for basic costs, like food and housing, if you have a disability and are over 65 years old with little to no income.

What’s required for anxiety to be considered an SSA disability?

To have your anxiety disorder considered an SSA disability, you must provide evidence that you meet the criteria outlined above. This requires strong medical documentation of debilitating anxiety, such as:

  • Medical and mental health records
  • Written statements from a psychiatrist or other provider
  • Written testimony from family and friends regarding how your disorder affects you
  • Your own account of how your anxiety disorder affects your life
  • Proof of ongoing treatment, such as therapy and medication

How to file for benefits

Because of waiting periods, the SSA recommends you apply for benefits as soon as you become disabled. You can apply online or make an appointment to apply by calling 1-800-772-1213. Find additional resources to help you with the application process on the SSA’s website at www.ssa.gov.

Anxiety and the Individuals with Disabilities Education Act (IDEA)

IDEA is a U.S. special education law. It protects students with disabilities from birth to high school graduation or age 21, whichever comes first. It also gives certain related rights to their parents and guardians.

Under IDEA, an anxiety disorder is considered a disability if it interferes with the student’s ability to learn and maintain relationships, it causes inappropriate behavior and/or feelings of depression, and the student develops physical symptoms or fears related to school.

Students who qualify for IDEA work with educational professionals, medical providers, and their parents/guardians to develop an individualized education plan (IEP). This plan includes all of the accommodations and services the student qualifies for as a result of their disability, such as extra time on assignments, modified instructions, reducing classroom distractions, and more.

Getting a professional diagnosis for anxiety

To qualify for disability benefits or an accommodation for an anxiety disorder, you need to have a diagnosis from a qualified mental health professional. You must meet the following criteria to be diagnosed with an anxiety disorder, according to the Diagnostic and Statistical Manual of Mental Disorders (DSM): 

  • Excessive anxiety more often than not for at least 6 months about a number and variety of events (such as layoff anxiety, performance anxiety at work or school, and family stressors)
  • You have trouble controlling or easing your anxiety
  • Your anxiety is associated with at least 3 of the following: restlessness, easily fatigued, trouble concentrating, irritability, muscle tension, and/or sleep disturbances
  • The focus of your anxiety isn’t confined to features of another disorder (such as fear of gaining weight in anorexia or fear of panic attacks in panic disorder)
  • Your anxiety symptoms disrupt your work, relationships, and home life
  • Your anxiety symptoms aren’t the result of substance use (drug abuse or medications) or another medical condition

To find out if you meet these criteria, your provider will evaluate your symptoms. You may be asked to complete questionnaires or performance-based tests as part of your anxiety evaluation. And, with your permission, your provider may interview your family or friends about how your anxiety affects you.

Key takeaway

  • Anxiety is considered a disability under the ADA, SSA, and IDEA. You may qualify for benefits and protections under these laws if you have an anxiety disorder that interferes with your daily life.
  • Under the ADA, you can request reasonable accommodations from your employer and report discrimination from businesses and government services (like public schools and hospitals).
  • The SSA provides disability insurance for people who qualify. If you have a qualifying disability, like an anxiety disorder, you can receive money to cover your basic living costs for as long as you’re disabled.
  • IDEA is a law that protects and gives rights to students with disabilities, including anxiety disorders.
  • You must be diagnosed with an anxiety disorder to qualify for ADA or IDEA protections and/or SSA benefits. To get a diagnosis, get anxiety treatment from a qualified mental health provider for an evaluation.

Find a caring professional to assess you for anxiety

Getting assessed for anxiety is easy and convenient when you find a caring professional on Klarity Health. Your provider will perform a comprehensive evaluation and give you an appropriate diagnosis and treatment plan — all online if you prefer. Get started and find a provider on Klarity Health today.

FAQs about anxiety as a disability

What type of anxiety qualifies for disability?

Any anxiety disorder that significantly disrupts your daily life and/or impacts your ability to take care of yourself qualifies for disability. Though certain laws and programs that help people with disabilities have more strict or specific definitions.

Does my employer have to accommodate my anxiety?

If you’re diagnosed with an anxiety disorder and have made a request to your employer for reasonable accommodations under the ADA, then yes, your employer has to accommodate your anxiety. Though you may have to work with your employer’s HR department and your supervisor to determine exactly what those accommodations are and how they’re achieved.

Is anxiety a VA disability? What VA disability rating is anxiety?

Anxiety is considered a disability by Veterans Affairs (VA). If you qualify for VA disability benefits, be aware that mental health disorders (including anxiety disorders) are categorized according to the VA Schedule of Ratings for severity. Ratings range from 0 to 100%. A 0% rating means your anxiety is diagnosed but not severe enough to interfere with your social or work life, and it doesn’t require medication. In contrast, a 100% rating means your condition causes complete impairment in work and social obligations and inability to function in your daily life.

Can you work from home with ADA anxiety?

Yes, working from home is considered a reasonable accommodation if you have ADA anxiety. Add it to your list of requests when asking your employer for accommodations.

Sources

Anxiety and Depression Association of America, Anxiety and Stress in the Workplace, https://adaa.org/managing-stress-anxiety-in-workplace/anxiety-disorders-in-workplace

Equip for Equality, Requesting a Reasonable Accommodation with Template Letter, https://www.equipforequality.org/request-accommodation/

International OCD Foundation – Anxiety in the Classroom, Your Child’s Rights in the School Setting, https://anxietyintheclassroom.org/parents/i-want-to-advocate-for-my-child/your-childs-rights-in-the-school-setting/

Office of Disability Employment Policy, Accommodations for Employees with Mental Health Conditions, https://www.dol.gov/agencies/odep/program-areas/mental-health/maximizing-productivity-accommodations-for-employees-with-psychiatric-disabilities

Social Security Administration, Disability, https://www.ssa.gov/benefits/disability/

Substance Abuse and Mental Health Services Administration, Impact of the DSM-IV to DSM-5 Changes on the National Survey on Drug Use and Health, Jun. 2016, https://www.ncbi.nlm.nih.gov/books/NBK519704/table/ch3.t15/

Understood.org, What is the Individuals with Disabilities Education Act (IDEA)?, Andrew MI Lee, JD, https://www.understood.org/en/articles/individuals-with-disabilities-education-act-idea-what-you-need-to-know

usa.gov, SSDI and SSI benefits for people with disabilities, https://www.usa.gov/social-security-disability

U.S. Department of Justice – Civil Rights Division, The Americans with Disabilities Act, https://www.ada.gov/

U.S. Department of Labor, Americans with Disabilities Act, https://www.dol.gov/general/topic/disability/ada

VA Disability Group PLLC, VA Disability Ratings for Anxiety Disorders, https://vadisabilitygroup.com/va-disability-ratings-for-anxiety-disorders/

*Appointments are generally available within 24 hours. Prescriptions, particularly for controlled substances, may require an in-person evaluation depending on the state of residence and current federal regulations.

The information provided in this article is for educational purposes only and should not be construed as medical advice. Always seek the guidance of a qualified healthcare professional with any questions or concerns you have regarding your health. Providers on Klarity Health are independent practitioners with clinical autonomy. Nothing in this article is intended to diagnose or treat any condition, including guaranteeing prescription medication of any kind or dosage.

If you’re having a mental health crisis or experiencing a psychiatric emergency, it’s crucial to seek immediate help from a mental healthcare professional, such as a psychiatrist, psychologist, or therapist. You can also call your local emergency services, visit your nearest emergency room, or contact a crisis hotline, such as the National Suicide Prevention Lifeline, by calling or texting 988 or dialing the Lifeline’s previous phone number, 1-800-273-TALK (1-800-273-8255) in the U.S.

How we reviewed this article: This article goes through rigorous fact-checking by a team of medical reviewers. Reviewers are trained medical professionals who ensure each article contains the most up-to-date information, and that medical details have been correctly interpreted by the author.

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All professional services are provided by independent private practices via the Klarity technology platform. Klarity Health, Inc. does not provide any medical services.
If you’re having an emergency or in emotional distress, here are some resources for immediate help: Emergency: Call 911. National Suicide Prevention Hotline: Call 988. Crisis Text Line: Text Home to 741-741
Fax:
(855) 975-3008

PO Box 5098 Redwood City, CA 94063

100 Broadway Street, Redwood City CA, 94063

If you’re having an emergency or in emotional distress, here are some resources for immediate help: Emergency: Call 911. National Suicide Prevention Hotline: Call 988. Crisis Text Line: Text Home to 741-741
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