Is Anxiety a Disability? What SSA, the ADA and the VA Each Require
Updated · By the Law Figures editors
General information, not legal advice. Laws differ by state and change, so check the sources below or ask a lawyer licensed in your state before you act. Legal disclaimer
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Is anxiety a disability? It can be, but "disability" means different things in different laws. For Social Security benefits, anxiety must be severe enough to keep you from substantial work, judged under listing 12.06. For job protection under the Americans with Disabilities Act, it must substantially limit a major life activity. For veterans, the VA rates it from 0 to 100% if it's connected to service.
| Law | What "disability" means | How anxiety qualifies |
|---|---|---|
| Social Security (SSDI and SSI) | Can't do substantial work for at least 12 months | Meet listing 12.06, or show you can't do your past work or other jobs |
| Americans with Disabilities Act | An impairment that substantially limits a major life activity, a record of one, or being regarded as having one | Case by case; anxiety that limits thinking, concentrating, sleeping or working can qualify |
| VA disability compensation | A service-connected condition, rated by severity | Generalized anxiety disorder is diagnostic code 9400, rated 0 to 100% |
The same person can qualify under one law and not another. We read each rule on November 7, 2026.
Social Security: listing 12.06
Listing 12.06 covers anxiety and obsessive-compulsive disorders and is met with the A criteria plus either B or C. The A criteria depend on the diagnosis:
| Diagnosis | A criteria (shortened) |
|---|---|
| Generalized anxiety disorder | Three or more of: restlessness, being easily fatigued, trouble concentrating, irritability, muscle tension, sleep disturbance |
| Panic disorder or agoraphobia | Panic attacks followed by persistent worry about more attacks, or disproportionate fear of at least two situations, such as crowds or public transportation |
| Obsessive-compulsive disorder | Intrusive, unwanted thoughts that take up time, or repetitive behaviors meant to reduce anxiety, or both |
The B criteria require an extreme limitation in one, or a marked limitation in two, of four areas: understanding and using information, interacting with others, concentrating and keeping pace, and adapting or managing yourself. The C criteria cover anxiety documented for at least two years, with ongoing treatment and only marginal ability to adapt. If you don't meet the listing, SSA looks at what work you can still do.
ADA: job protection and accommodations
Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities (42 U.S.C. § 12102(1)). Concentrating, thinking, sleeping and working all count as major life activities. Anxiety that comes and goes still counts if it would substantially limit you when active (§ 12102(4)(D)). The EEOC's rules name obsessive-compulsive disorder and PTSD among conditions that should easily be found to limit brain function (29 CFR § 1630.2(j)(3)(iii)); generalized anxiety is assessed case by case.
VA: rating anxiety
The VA rates generalized anxiety disorder under the same formula as depression, from 0% for a diagnosis with mild symptoms to 100% for total occupational and social impairment (38 CFR § 4.130). See our depression VA rating guide for each level and a combined rating calculator.
Checklist: records that support an anxiety claim
- A diagnosis from a psychiatrist or psychologist, not just a primary care note.
- Treatment records over time, including medications tried and their effects.
- Notes on panic attacks: how often, how long, what triggers them.
- Specific limits at work: missed days, leaving early, trouble with coworkers or deadlines.
- Statements from family or former supervisors about changes they saw.
- For SSA, a provider's opinion on the four areas in the B criteria.
Sources
- 20 CFR Part 404, Subpart P, Appendix 1: Listing 12.06, Anxiety and obsessive-compulsive disorders (Cornell LII)
- 42 U.S.C. § 12102: Definition of disability under the ADA (Cornell LII)
- 29 CFR § 1630.2: Definitions under the ADA employment regulations (Cornell LII)
- 38 CFR § 4.130: Schedule of ratings, mental disorders (Cornell LII)
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