Can I Get Social Security Disability for Gender Dysphoria? (2024)

Can I Get Social Security Disability for Gender Dysphoria? (1)Gender dysphoria, also known as gender identity disorder or transgenderism, affects people whose biological sex and gender identity don't match.

Although some people with this condition often suffer severe emotional and mental effects, transgender people often meet with resistance when claiming disability benefits related to their gender identity.

Claiming Social Security Disability Benefits for the Effects of Gender Dysphoria

The Social Security Administration (SSA) relies on many sources for its evolving definitions of disability, one of which is the Americans with Disabilities Act of 1990. Under the ADA, gender identity disorders are only considered disabling if they stem from a physical impairment, while transvestism, transsexualism, or other sexual behavior disorders aren't considered disabilities.

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While transgenderism in itself isn't a recognized disability, a person with the condition may have one or more other disorders that qualify for disability payment. As long as the conditions suffered make it difficult or impossible for a person to work for a period of one year or more, he or she should qualify for disability benefits.

Mental effects of gender dysphoria that may qualify for benefits include:

  • Anxiety. Transgender people are often targeted or bullied, which can cause anxiety so severe that he or she is unable to leave the house. If he or she has been attacked, he or she may also suffer post-traumatic stress disorder (PTSD), a compensable condition under Social Security disability.
  • Clinical depression. Many people suffer from long-term depression due to the experiences they have living and interacting with others as transgender individuals. Depression is a recognized disability because it can affect a person's ability to maintain employment.
  • Mental illness. Some people may experience bipolar disorder or schizophrenia along with gender identity conflicts. In order to get benefits for these conditions, a person will need to supply evidence of diagnosis, ongoing treatment, the effects of the condition as well as the treatment (including medications); and demonstrate how the condition affects his or her residual functional capacity (RFC), one of the classifications used by the SSA to determine benefits eligibility.

If you've been denied your rightful Social Security benefits, our attorneys can examine your claim and fight on your behalf. Call us today or fill out the form on this page to set up your consultation with a Social Security attorney.

Can I Get Social Security Disability for Gender Dysphoria? (2024)

FAQs

Can I Get Social Security Disability for Gender Dysphoria? ›

Two Arizona state lawmakers lost their bid to dismiss a lawsuit that challenges a state law banning transgender girls from playing on girls' sports teams, a federal court said.

Is gender dysphoria a protected disability? ›

Two Arizona state lawmakers lost their bid to dismiss a lawsuit that challenges a state law banning transgender girls from playing on girls' sports teams, a federal court said.

What accommodations are available for gender dysphoria? ›

Reasonable accommodations could include allowing a transgender employee to have a name tag with their chosen, non-legal name; use the bathroom that aligns with their gender identity; or take time off for gender-affirming surgery.

What is the most approved disability? ›

What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits. This is because arthritis is so common. In the United States, over 58 million people suffer from arthritis.

What disqualifies you from Social Security? ›

Some American workers do not qualify for Social Security retirement benefits. Workers who don't accrue the requisite 40 credits (roughly 10 years of employment) are not eligible for Social Security. Some government and railroad employees are not eligible for Social Security.

Can you get social security for gender dysphoria? ›

As long as the conditions suffered make it difficult or impossible for a person to work for a period of one year or more, he or she should qualify for disability benefits. Mental effects of gender dysphoria that may qualify for benefits include: Anxiety.

Is gender dysphoria no longer an illness? ›

The original stated “gender identity disorder” in the DSM-5 was renamed “gender dysphoria.” In actuality, DSM-5 dropped the former term describing a pathology, and replaced it with the latter classification, which could be used to diagnose distress caused by gender mismatch.

How do you qualify for gender dysphoria? ›

A strong desire for the primary and/or secondary sex characteristics of the other gender. A strong desire to be of the other gender (or some alternative gender different from one's assigned gender) A strong desire to be treated as the other gender (or some alternative gender different from one's assigned gender)

What mental illnesses are associated with gender dysphoria? ›

This can further result in relationship difficulties with family, peers, and friends and lead to interpersonal conflicts, rejection from society, symptoms of depression and anxiety, substance use disorders, a negative sense of well-being and poor self-esteem, and an increased risk of self-harm and suicidality.

What is the most common treatment for gender dysphoria? ›

Hormone therapy for adults

The hormones usually need to be taken for the rest of your life, even if you have gender surgery. It's important to remember that hormone therapy is only one of the treatments for gender dysphoria. Others include voice therapy and psychological support.

What can get you 100% disability? ›

In this case, you could qualify for a temporary VA disability rating of 100%. For example, a service member diagnosed with non-Hodgkin's lymphoma due to military exposure to Agent Orange may be granted a disability rating of 100% while undergoing treatment.

What not to say in a disability interview? ›

Ten Things You Should Never Say When Applying For Social Security Disability
  • “It's not that bad. ...
  • “I'm getting better.” ...
  • “I can work, but no one will hire me.” ...
  • “It hurts.” ...
  • “I'm not being treated.” or “I stopped treatment.” ...
  • “I have a history of drug use/criminal activity.” ...
  • “My relative gets disability.”
Oct 6, 2023

What to say and not to say at a disability doctor? ›

Do not tell the doctor you are “o*kay,” “fine,” or “pretty good” when you are there for an assessment of your condition. Even saying this out of habit could jeopardize your claim. Be honest about your complaints, symptoms, and other details of your condition.

What are three ways a person may become ineligible for disability benefits? ›

Here are some common leading reasons claims are often denied:
  • Lack of medical evidence.
  • Prior denials.
  • Too much earnings.
  • Failure to follow treatment advice.
  • Failure to cooperate.

Why do most people get denied for disability? ›

SSDI applications are frequently denied because they don't have enough information to enable the SSA to award you SSDI benefits. It is better to appeal a denial first before submitting a new application. An appeal comprises multiple levels, so you can correct or supplement your application through this process.

Is gender dysphoria a disability for the 4th circuit? ›

In a recent opinion, Williams v. Kincaid (4th Cir. Aug. 16, 2022), the 4th Circuit Court of Appeals held that gender dysphoria is a covered disability under the Americans with Disabilities Act (ADA).

Is gender dysphoria covered by insurance? ›

Virtually all major insurance companies recognize that transgender-related medical care is medically necessary and have a written policy describing their criteria for when plans they administer will cover it. Below is a list of such policies.

What is the dod policy on gender dysphoria? ›

No person, solely on the basis of his or her gender identity, will be: (1) Involuntarily separated or discharged from the Military Services; (2) Denied reenlistment or continuation of service in the Military Services; or (3) Subjected to adverse action or mistreatment.

Is gender dysphoria covered by Americans with Disabilities Act federal Court rules? ›

In its ruling in August, the 4th Circuit became the first federal appellate court in the country to find the 1990 landmark disabilities law protects transgender people who experience anguish and other symptoms as a result of the disparity between their assigned sex and their gender identity.

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