Depression As A Disability

This is a very difficult topic on many levels.  I am not an expert in the field of disability law, but I would like to offer some thoughts, suggestions and comments.

There are some attorneys (a minority) who suffer from severe depression and should not be practicing law.  This is so because severe depression can impair one's ability to think and function on a daily basis.   Whether or not this is the case can only be decided after consulting with a psychiatrist and/or psychologist.  These attorneys and their families may need to explore the option of applying for their private disability policy (if they have one) and/or Social Security Disability Benefits.  These lawyers and their families need to consult with a lawyer who specializes in this area.   If one were to choose this route, I believe its important to remember that such a step doesn't have to be forever.  Just because a lawyer is currently disabled because of his/her depression, does not mean that he/she will always be disabled.  A depressed lawyer may need to take a "time out" from the practice to address serious medical and psychological problems that so often accompany depression. Such a step is not "quitting".  It is "helping" -- helping oneself to heal in a loving and thoughtful manner.  One can always return to the practice of law after one feels better and has the depression under some reasonable degree of control through psychotherapy and/or medication.  Should a lawyer be unable to return to their job, they may have to consider getting another job, going into a different field of law that is less demanding, or leaving law altogether to retrain for another profession.

There are many lawyers who suffer from depression (the majority in my humble opinion) who are vital, successful people who make significant contributions with their talents to their firms, communities and local Bar.  They are not "disabled" as that term may be defined by disability laws, policies or procedures.  However, I think we need to think of disability in the broadest of terms when it comes to depression.  Most lawyers with depression are not "disabled" in the sense that they need to leave their practice (even for a short period of time).  Most of the lawyers in my local support group fall into this category.   They are practicing law and going to therapy and/or taking medication.  They are doing their very best to serve their clients and get better. But they may be "disabled" (not the best of terms, but I use it here to make a distinction between this level of depression and its more severe forms) in the sense that they may not be able to handle a heavy work load, titantic stress and ridiculous work hours.   A depressed attorney needs to begin balancing the meeting of his/her work obligations and valuing one's health and self enough to take the time and place reasonable limits on what they are willing to do at work. There is no easy formula for this.  They also need loving people around them to encourage them in this direction.  

I believe that one has to first form the intention to make changes in their life before actually trying to make any changes. 
My psychologist has said that there are two major kinds of resistance that most clients throw at him.  The first kind is the resistance to insight into their thoughts and behavior.  They can't or won't see how their depressed thoughts and behavior are affecting themselves and others around them.  The second kind of resistance is the resistance to changing their behavior.  Many people "know" or understand what they do and why they are doing it.  They have some degree of insight.  But then comes the next step:  applying those insights to one's daily life by risking new behaviors that are "healthy".  For example, saying "no" sometimes to work assignments.  At some point, depression will have beaten us up enough that we are finally ready to say to ourselves (and others), "I have had enough" - -  enough of the destructive habits, thoughts, behaviors and lifestyle choices which support and fuel depression.  When I reached this point, it became a point of no return.  Not taking care of myself was not an option anymore.  I needed to learn new ways of thinking and behaving that didn't support my depression.  Both at home and work. This takes time and support.  So be lovingly patient with yourself and tell others that you need their support and understanding.

Here are some useful sites which address the disability issue in greater detail:

National Alliance on Mental Illness
Article which gives an excellent overview of the Social Security process.
http://www.nami.org/Content/ContentGroups/Helpline1/Social_Security_and_Disability_

Depression and Social Security Disability Insurance (SSDI)
Explanation of Social Security's five-step process to determine if a depression patient qualifies for Social Security Disability Insurance.
http://www.allsup.com/disabilityGuidelines/criteria-depression.aspx

Information resources and articles dealing with disability law and patient's rights.
http://www.depression.about.com/od/legalissues/Disability_Rights.htm

"Disability & Depression".
Overview of Social Security Disability claims for cases involving depression.
http://www.4socialsecuritydisability.com/Depression_Anxiety_strategies.htm