Does Bipolar Disorder Qualify You for Disability?

Table of ContentsView AllTable of ContentsYour Rights Under the ADADefining “Disability"Common ExceptionsSocial Security Disability BenefitsEligibility Guidelines for Bipolar DisorderRequesting AccommodationsKeep in MindNext in Bipolar Disorder GuideDifferentiating Subtypes of Bipolar Disorder

Table of ContentsView All

View All

Table of Contents

Your Rights Under the ADA

Defining “Disability”

Common Exceptions

Social Security Disability Benefits

Eligibility Guidelines for Bipolar Disorder

Requesting Accommodations

Keep in Mind

Next in Bipolar Disorder Guide

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If you struggle tomaintain employmentdue to your bipolar disorder, it’s important to understand your rights.Bipolar disorderis a qualified condition for disability, but that doesn’t mean everyone with bipolar disorder is automatically granted supplemental security income (SSI) or disability payments.

At a GlanceThe Americans with Disabilities Act protects people with bipolar disorder from discrimination in the workplace. If symptoms of your condition make it difficult or impossible to maintain employment, you may also qualify for social security disability benefits. Keep reading to explore who’s eligible and how to make the most of what’s offered to you.

At a Glance

The Americans with Disabilities Act protects people with bipolar disorder from discrimination in the workplace. If symptoms of your condition make it difficult or impossible to maintain employment, you may also qualify for social security disability benefits. Keep reading to explore who’s eligible and how to make the most of what’s offered to you.

The ADA only applies to businesses with 15 or more employees.

People with bipolar disorder may want to consider that when looking for employment or considering changing jobs.

The ADA also protects your spouse. The Equal Employment Opportunity Commission (EEOC) states that “The Act also makes it unlawful to discriminate against an applicant or employee, whether disabled or not, because of the individual’s family, business, social or other relationship or association with an individual with a disability.”

Other employees may not understand the rights a person with bipolar disorder has under the ADA. Often, people think of disability only as a physical impairment. Everyone should learn how the law applies so they know why accommodations may be required.

“Disability,” in this context, is not related to Social Security Disability. Rather than saying you can’t work, it is saying that you have rights and protections on the job while you are able to handle the duties of the job with reasonable accommodation.

If it is determined that the disability causes impairment that “substantially limits” the person’s ability to handle “major life activities,” the employer is obliged to follow the rules of the ADA in the way the affected person is treated. This means providing one or more “reasonable accommodations” to the disabled employee.

In this context, disability refers to your rights and protections on the job as long as you are able to handle work duties with reasonable accommodation.

The limited or impaired major life activity can be one that occurs on or off the job. The ruling factor is that it affects some aspect of your on-the-job activities and that activity does not have to bedoing the job. You must still be able to perform the duties of the job.

A workplace can deny accommodations for one of two reasons:

If accommodation is denied or employment is terminated for one of these reasons, or if you believe you have been discriminated against because of your condition, you canfile a claim with the EEOCwithin 180 days of the denial/violation.

You can do this online or request an application from your nearest EEOC office. The employer must respond to that claim and defend why the accommodation was not made or why the employee posed a danger on the job.

Bipolar disorder can interfere with an individual’s functioning to the point that it’s very difficult to get or maintain a job. As of 2022, 12.7% of adult workers received benefits due to a depressive, bipolar, or related disorder. Another 14.8% of widowed individuals and 5.7% of disabled adult children received benefits due to a depressive, bipolar, or related disorder.

The Social Security Administration has adetailed listof impairments that qualify an individual for disability. Section 12 is specific to mental disorders; Section 12.04 addresses depressive, bipolar, and related disorders.

If you have a depressive, bipolar, or related disorder, you are eligible for benefits if you meet:the requirements outlined in BOTH sections A and Borthe requirements outlined in BOTH sections A and C.

If you have a depressive, bipolar, or related disorder, you are eligible for benefits if you meet:

A person with a mental disorder is eligible for benefits when he or she meets either the requirements outlined in both sections A and Borthose in sections A and C (see below).

A. Medical documentation of the requirements of paragraph 1 or 2:

AND

B. Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning:

OR

C. Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both:

As you can see, Social Security has a lot of special rules that apply to mental health issues. If you decide to hire an attorney, be sure to talk to him/her about those rules.

Social Security will not always award disability benefits to people with serious mental health issues. In many cases, the initial applications are rejected.

For this reason, people with mental health issues and their advocates (knowledgeablepsychiatrists, therapists, and attorneys) need to prepare and document their cases carefully and have persistence. Seek help in filing if needed—your doctor or support groups may recommend useful resources.

What If I Don’t Qualify for Disabilty Benefits?It is not uncommon for disability requests to be turned down. You can request an appealonlinewithin 60 days of your request being denied.If you do not qualify for disability benefits through SSA, you can also ask your employer for accommodations.

What If I Don’t Qualify for Disabilty Benefits?

It is not uncommon for disability requests to be turned down. You can request an appealonlinewithin 60 days of your request being denied.If you do not qualify for disability benefits through SSA, you can also ask your employer for accommodations.

Differentiating Subtypes of Bipolar Disorder

You’ll most likely receive accommodations only if you ask for them. Your employer is not legally obligated to initiate the process or offer one. When asking, you don’t have to disclose your condition.

For example, you don’t have to say “I’m requesting a leave of absence or accommodations because I have bipolar disorder.” According to the EEOC, you can say, “I’m having trouble getting to work on time because of the antidepressants I take.” Such a statement legally obligates your employer to begin considering your request.

You might request accommodations such as later start times, extra time to complete projects, flexible or hybrid work settings, and flexible work schedules.

If needed, a family member, a member of your healthcare team, or another representative can request accommodations for you. In either scenario—whether you or someone else is making the request—you may be asked to provide proof and medical paperwork, so speak with your medical team in order to have that ready. They may also be able to help point you to resources if you run into any trouble.

Bipolar disorder qualifies as a disability, but it is important to be aware of the specific details and requirements that may apply. If you have bipolar disorder, you may qualify for accommodations in the workplace. If you cannot work due to your condition, you may qualify for Social Security insurance benefits.

Talk to your mental health provider about planning your treatment and providing documentation if you decide to apply for benefits.

Is Depression a Disability?

7 SourcesVerywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Fairclough S, Robinson RK, Nichols DL, Cousley S.In sickness and in health: Implications for employers when bipolar disorders are protected disabilities.Employee Responsibilities and Rights Journal. 2013;25(4):277-292. doi:10.1007/s10672-013-9221-2U.S. Equal Employment Opportunity Commission.The ADA: Your Responsibilities as an Employer.Americans with Disabilities National Network. Southwest Ada Center.The ADA National Network Disability Law Handbook.U.S. Equal Employment Opportunity Commission.Enforcement Guidance on the ADA and Psychiatric Disabilities.Social Security Administration.Annual Statistical Report on the Social Security Disability Insurance Program, 2022.Social Security Administration.Disability evaluation under social security: 12.00 Mental disorders - Adult.Social Security Administration.Disability Benefits | Appeal A Decision.Additional ReadingInternational Bipolar Foundation.How to Apply for Social Security Disability With Bipolar Disorder.Social Security.Benefits for People With Disabilities.

7 Sources

Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Fairclough S, Robinson RK, Nichols DL, Cousley S.In sickness and in health: Implications for employers when bipolar disorders are protected disabilities.Employee Responsibilities and Rights Journal. 2013;25(4):277-292. doi:10.1007/s10672-013-9221-2U.S. Equal Employment Opportunity Commission.The ADA: Your Responsibilities as an Employer.Americans with Disabilities National Network. Southwest Ada Center.The ADA National Network Disability Law Handbook.U.S. Equal Employment Opportunity Commission.Enforcement Guidance on the ADA and Psychiatric Disabilities.Social Security Administration.Annual Statistical Report on the Social Security Disability Insurance Program, 2022.Social Security Administration.Disability evaluation under social security: 12.00 Mental disorders - Adult.Social Security Administration.Disability Benefits | Appeal A Decision.Additional ReadingInternational Bipolar Foundation.How to Apply for Social Security Disability With Bipolar Disorder.Social Security.Benefits for People With Disabilities.

Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

Fairclough S, Robinson RK, Nichols DL, Cousley S.In sickness and in health: Implications for employers when bipolar disorders are protected disabilities.Employee Responsibilities and Rights Journal. 2013;25(4):277-292. doi:10.1007/s10672-013-9221-2U.S. Equal Employment Opportunity Commission.The ADA: Your Responsibilities as an Employer.Americans with Disabilities National Network. Southwest Ada Center.The ADA National Network Disability Law Handbook.U.S. Equal Employment Opportunity Commission.Enforcement Guidance on the ADA and Psychiatric Disabilities.Social Security Administration.Annual Statistical Report on the Social Security Disability Insurance Program, 2022.Social Security Administration.Disability evaluation under social security: 12.00 Mental disorders - Adult.Social Security Administration.Disability Benefits | Appeal A Decision.

Fairclough S, Robinson RK, Nichols DL, Cousley S.In sickness and in health: Implications for employers when bipolar disorders are protected disabilities.Employee Responsibilities and Rights Journal. 2013;25(4):277-292. doi:10.1007/s10672-013-9221-2

U.S. Equal Employment Opportunity Commission.The ADA: Your Responsibilities as an Employer.

Americans with Disabilities National Network. Southwest Ada Center.The ADA National Network Disability Law Handbook.

U.S. Equal Employment Opportunity Commission.Enforcement Guidance on the ADA and Psychiatric Disabilities.

Social Security Administration.Annual Statistical Report on the Social Security Disability Insurance Program, 2022.

Social Security Administration.Disability evaluation under social security: 12.00 Mental disorders - Adult.

Social Security Administration.Disability Benefits | Appeal A Decision.

International Bipolar Foundation.How to Apply for Social Security Disability With Bipolar Disorder.Social Security.Benefits for People With Disabilities.

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