Does Bipolar Disorder Qualify You for Disability?

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

Psychiatric conditions such as bipolar disorder qualify as disabilities eligible for the legal protections provided by the Americans With Disabilities Act (ADA). However, that does not necessarily mean a person will qualify for financial assistance benefits through the Social Security Administration (SSA).

Your Rights Under the ADA

Many people with bipolar disorder are able to maintain a job. Bipolar disorder is one of the many conditions covered by the Americans with Disabilities Act (ADA). This law is designed to protect people with disabilities from discrimination in hiring, job assignments, promotions, pay, firing, benefits, layoffs, and all other employment-related activities.

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."

For example, if your husband has bipolar disorder, you are protected if he requires emergency hospitalization, and you must be away from work without warning because of this. The ADA is administered by the Equal Employment Opportunity Commission (EEOC). 

Defining "Disability"

"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.

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 be doing the job. You must still be able to perform the duties of the job.

An example given by the EEOC was of a person whose medications caused dry mouth. He needed to drink something about once an hour because of this, but his employer's policy was that people could not have beverages at their desks and could only have two 15-minute breaks per day. It was reasonable to allow this man to have a beverage at his desk once an hour.

Common Exceptions

A workplace can deny accommodations for one of two reasons:

1. The employer can show that making an accommodation would cause the company undue hardship, such as accommodations that are excessively costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business. The size of the business, its financial resources, and other factors can be taken into account.
2. The employee is deemed to be a direct threat to the health and safety of him/herself or others.

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.

Social Security Disability Benefits

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 a detailed list of impairments that qualify an individual for disability. Section 12 is specific to mental disorders; Section 12.04 addresses depressive, bipolar, and related disorders.

The above document states that affective disorders are "..characterized by an irritable, depressed, elevated, or expansive mood, or by a loss of interest or pleasure in all or almost all activities, causing a clinically significant decline in functioning."

Eligibility Guidelines for Bipolar Disorder

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

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

1. Depressive disorder, characterized by five or more of the following:
2. Depressed mood;
3. Diminished interest in almost all activities;
4. Appetite disturbance with change in weight;
5. Sleep disturbance;
6. Observable psychomotor agitation or slowness;
7. Decreased energy;
8. Feelings of guilt or worthlessness;
9. Difficulty concentrating or thinking; or
10. Thoughts of death or suicide.
11. Bipolar disorder, characterized by three or more of the following:
12. Pressured speech;
13. Flight of ideas;
14. Inflated self-esteem;
15. Decreased need for sleep;
16. Distractibility;
17. Involvement in activities that have a high probability of painful consequences that are not recognized; or
18. Increase in goal-directed activity or psychomotor agitation.

AND

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

1. Understand, remember, or apply information.
2. Interact with others.
3. Concentrate, persist, or maintain pace.
4. Adapt or manage oneself.

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:

1. Medical treatment, mental health therapy, psychosocial support(s), or a highly structured setting(s) that is ongoing and that diminishes the symptoms and signs of your mental disorder; and
2. Marginal adjustment, that is, you have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life

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.

For this reason, people with mental health issues and their advocates (knowledgeable psychiatrists, 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.

Requesting Accommodations

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.

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.

Keep in Mind

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.