Can I apply for Social Security disability (SSDI) on behalf of my brother with severe depression?
My brother (47) has been struggling with severe clinical depression for over 2 years and can barely function. He lost his job as an accountant last fall and his savings are almost gone. His psychiatrist says he should apply for disability, but he's in no mental state to handle the process himself. I've tried researching whether I can apply for SSDI on his behalf, but I'm getting conflicting information. Some sites say only a legal guardian can do this, others mention something about being a 'representative payee'? Does anyone have experience with this situation? What documentation would I need? He has medical records and is seeing both a psychiatrist and therapist regularly. I'm really worried about him and the stress of this process seems to be making his condition worse.
26 comments
Ravi Choudhury
Yes, you can help your brother apply for disability without being his legal guardian. The SSA allows what they call a 'representative' to assist with the application process. This is different from a 'representative payee' (which comes into play after benefits are approved).To help him apply, you'll need:1. His permission (preferably in writing)2. Form SSA-1696 (Appointment of Representative)3. All his medical records documenting his depression4. Employment history for the last 15 years5. Information about his medications and treatmentsDepression cases can be challenging to get approved, but with strong medical documentation from his psychiatrist and therapist showing how it prevents him from working, he has a chance. Make sure his doctors are willing to provide detailed statements about his functional limitations.
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Isabella Silva
Thank you so much for this clear information! I hadn't heard of the SSA-1696 form before. Do you know if we both need to be present when submitting the application? He gets extremely anxious in official situations which might trigger an episode.
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Freya Andersen
my mom did this for me when i couldnt handle it. depression too. make sure u get ALL the medical records going back as far as possible. they denied me the first time even tho i couldnt get out of bed most days. second time we got my therapist to write a letter explaining how bad it really was & that made the difference. good luck!
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Isabella Silva
Thanks for sharing your experience. It's helpful to know someone else got through this. Was there a long wait between your first denial and second attempt? My brother's savings won't last much longer...
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Freya Andersen
it took like 7 months for the first denial then another 5 for the appeal. not gonna lie its a LONG process. see if your brother qualifies for any emergency assistance in your state while waiting. food stamps helped me a lot.
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Omar Farouk
BE PREPARED FOR A LONG BATTLE!!! My sister has bipolar and it took us 3 YEARS and a lawyer to finally get her approved! The SSA denies almost EVERYONE the first time, especially for mental health. They act like if they can't SEE your disability it doesn't exist!!! Make sure you document EVERYTHING - every doctor visit, every medication, every bad day. Have your brother keep a daily journal if he can. And get statements from anyone who sees how the depression affects him day to day - roommates, family members, former coworkers.
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CosmicCadet
While it's true that approval rates for initial applications are low (around 30%), it's not accurate to say SSA denies
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Omar Farouk
Maybe not
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CosmicCadet
As others have mentioned, you can serve as your brother's representative during the application process. It's important to understand the difference between three roles:1. Representative (for application) - Can help complete paperwork and communicate with SSA2. Representative Payee - Manages benefits after approval if beneficiary can't manage funds3. Legal Guardian - Has broader legal authority beyond Social Security mattersFor the initial application, #1 is sufficient. Given your brother's condition, you may also want to discuss becoming his representative payee if/when benefits are approved.For mental health cases like severe depression, the medical evidence needs to specifically demonstrate how his condition prevents him from performing work activities. Request a detailed functional capacity assessment from his psychiatrist that addresses things like ability to:- Maintain concentration - Interact with coworkers/supervisors- Follow instructions- Handle work pressures- Maintain regular attendanceThis kind of specific documentation is crucial for mental health disability cases.
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Isabella Silva
This is incredibly helpful - I didn't realize how specific the medical evidence needs to be. I'll definitely ask his psychiatrist for that functional capacity assessment. His last job actually documented several incidents where he couldn't complete tasks or had to leave early due to panic attacks. Would those employment records help too?
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CosmicCadet
Yes, employment records showing how his condition affected job performance are extremely valuable evidence! They provide objective third-party documentation of functional limitations in a work setting, which is exactly what SSA is evaluating. Get copies of any performance reviews, accommodations requests, attendance records, and particularly any documentation of those incidents you mentioned. If any former supervisors are willing to provide statements about their observations, those can be powerful as well.
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Isabella Silva
Thank you! I'll reach out to his former employer. He was there for 12 years and had good relationships until his condition worsened, so I'm hoping they'll be willing to help with documentation.
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Chloe Harris
Try using Claimyr to get through to a real person at Social Security when you're ready to file. Calling SSA is IMPOSSIBLE these days - I was on hold for 3+ hours multiple times and kept getting disconnected. Claimyr got me through to an agent in about 20 minutes. Their system calls SSA for you and then calls you when they have an agent on the line. Saved me so much stress! Their video shows how it works: https://youtu.be/Z-BRbJw3puUI'd recommend calling to book an appointment rather than trying to do everything online, especially for a complicated situation like yours. The agents can give you specific guidance on what forms you'll need as a representative.
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Isabella Silva
Thanks for this suggestion! I tried calling SSA last week and gave up after an hour on hold. I'll check out that video. Having a specific appointment would definitely be less stressful for both of us than trying to figure everything out online.
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Diego Mendoza
My nephew has similar issues w/ depression & we helped him apply. One thing nobody mentioned yet - if your brother has any work credits he might qualify for SSDI but if not he would apply for SSI instead. They're different programs! SSI is need-based & has asset limits. SSDI is based on work history & doesn't. When I called for my nephew they asked this right away so good to know before calling.
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Isabella Silva
That's a really important distinction I wasn't clear on. My brother has worked steadily for about 25 years until recently, so it sounds like SSDI would be the right program. Do you know if there's a way to check how many work credits he has before we apply?
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Ravi Choudhury
He can check his work credits by creating an account at my.ssa.gov (or you can help him do this). This will show his earnings history and provide an estimate of potential disability benefits. For SSDI, he generally needs 40 credits total with 20 earned in the last 10 years (the requirements are adjusted for younger workers). With 25 years of steady work, he should easily meet the requirements for SSDI, which typically provides higher benefits than SSI and has no asset restrictions.
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Isabella Silva
Thank you! I'll help him log into his SSA account this weekend to check. That's a relief that his work history should qualify him for SSDI.
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Anastasia Popova
just wondering did your brother try any medications before applying for disability? my doctor says SSA wants to see that you tried treatments first before they'll approve you. not trying to be nosy just curious how that works with mental health cases
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Isabella Silva
Yes, he's been on several different medications over the past two years. Started with Lexapro, then tried Wellbutrin, now on a combination of Effexor and something else I can't remember. His psychiatrist has been adjusting dosages and combinations, but he's still struggling significantly. He also does weekly therapy and tried a group program last year. So there's definitely a treatment history to show.
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Anastasia Popova
thanks for explaining. sounds like he's really tried a lot of options which should help his case. hope things work out for you guys!
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Isabella Silva
Thank you! It's been a long journey trying different treatments. I appreciate everyone's advice here - feeling more prepared to help him through this process now.
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CosmicCadet
One additional recommendation: consider consulting with a disability attorney or advocate before filing. Many offer free initial consultations and only charge if your brother wins benefits (and fees are capped by law). They can guide you through the process, review medical records beforehand to identify gaps, and significantly increase approval chances. Even if you decide to handle the initial application yourself, having professional guidance can help avoid common mistakes that lead to denials. Mental health cases require particular expertise due to their complexity.
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Isabella Silva
I hadn't considered getting an attorney involved this early - I thought that was mainly for appeals. Do you think it's worth the expense for the initial application? And how would I find a reputable disability attorney?
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CosmicCadet
Most disability attorneys work on contingency (taking 25% of backpay up to a maximum of $7,000 if benefits are approved). For the initial application, some offer free guidance even if you don't formally retain them. You can find reputable attorneys through your state's bar association, NOSSCR (National Organization of Social Security Claimants' Representatives), or ask his therapist for recommendations. While many people do wait until the appeal stage, having professional guidance from the start can be particularly valuable for complex mental health cases where proper documentation is critical.
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Isabella Silva
I appreciate the clarification on how the payment works. I'll check with his therapist first to see if they have recommendations for attorneys who specialize in mental health disability claims. Thank you!
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