Is ADHD Considered a Disability? Can You Qualify for Disability Benefits?
Attention-Deficit/Hyperactivity Disorder (ADHD) is a neurological developmental condition characterized by persistent patterns of inattention, hyperactivity, and impulsivity. It often is evident in childhood and can continue into adulthood. ADHD impacts the daily functioning and quality of life for many of those suffering from the condition.
Understanding whether ADHD qualifies for Social Security disability benefits is crucial for individuals and families struggling with this impairment. At The Keener Law Firm, we focus all our attention solely on issues related to disability law, especially preparing, filing, and fighting for the disability claims of people living with serious impairments that prevent them from working for a living. No matter where you are, if you have questions about whether your disability qualifies you to receive Social Security Disability benefits, contact our office today.
ADHD and Social Security Disability Benefits
The Social Security Administration (SSA) applies its own definition of the word “disability” and sets out the criteria required to qualify to receive monthly disability payments. The SSA provides disability benefits through two main programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both programs require a rigorous evaluation process to determine eligibility.
Criteria for Qualifying
To qualify for Social Security disability benefits, an individual with ADHD must demonstrate that their condition meets the SSA’s definition of disability. This involves proving that the impairment is:
a physical or mental impairment that lasts or is expected to last at least 12 months (or result in death) and prevents the person from performing “substantial gainful activities.”
The individual must be unable to engage in substantial gainful activity due to their impairment. For 2024, the SGA threshold is $1,550 per month for non-blind individuals. This means those who can earn more than $1,550 per month are ineligible for Social Security Disability benefits. However, there are various “earnings” and other income that is not counted toward the SGA. To find out if you are beneath the SGA earning cap, contact The Keener Law Firm for a review of your circumstances.
The SSA evaluates ADHD under the mental disorders category in its published Listing of Impairments (also known as the Blue Book). To meet the listing criteria, an individual must provide comprehensive medical documentation demonstrating the following:
- Medical Evidence: Confirmed medical evidence of ADHD by a qualified healthcare professional.
- Severity of Symptoms: Evidence that the symptoms are severe and persistent, to the extent that the impairment prevents the person from working enough to earn $1,550 or more per month.
- Functional Limitations: Documentation of marked or extreme limitations in specific areas of functioning, such as concentrating, persisting, or maintaining pace, understanding and applying information, interacting with others, or managing oneself.
Medical and Educational Evidence
To support a claim for Social Security disability benefits, individuals must provide thorough medical and educational evidence. This includes:
- Medical Records: Detailed records from healthcare providers, including psychiatrists, psychologists, and primary care physicians, documenting the patient’s presentation with symptoms limitations consistent with ADHD, treatment, and ongoing management of ADHD.
- Psychological Evaluations: In some cases, it may be helpful to include formal evaluation or testing results from standardized psychological tests and assessments that illustrate the extent of cognitive and behavioral impairments.
- School Records: For young adults who may apply for SSDI or SSI benefits, school records, IEPs, 504 Plans, teacher observations, and reports of academic performance and behavior can provide critical evidence of functional limitations.
Additional Considerations
In addition to meeting the medical criteria, the SSA considers the individual’s ability to adapt to changes in their environment and maintain a routine. This includes evaluating how well the individual manages daily activities, follows instructions, and interacts socially. The SSA also considers the impact of any coexisting conditions, such as anxiety, depression, or learning disabilities, which often accompany ADHD and can exacerbate functional limitations.
Many ADHD-based disability benefits claims involve cases in which the ADHD alone is insufficient to qualify for benefits. However, when other accompanying impairments are added to the overall condition of the claimant, the combined effect of the multiple impairments will qualify.
Challenges and Advocacy
Despite ADHD’s recognition as a disability under various laws, obtaining Social Security disability benefits for ADHD can be challenging. The subjective nature of ADHD symptoms and their variability across different settings can make it difficult to present a compelling case to the SSA. As a result, many initial claims are denied, requiring applicants to file an appeal.
The Keener Disability Law Firm will represent claimants whose ADHD disability claim is denied. It’s helpful to keep in mind that roughly half of all disability claims are denied initially, and more than half of those who appeal are successful in overturning the earlier denial. Those claimants receive the benefits they deserved all along many times because of the work performed by a skilled, experienced disability law firm like Keener Law.
Importance of Comprehensive Documentation
Comprehensive and well-organized documentation is crucial for substantiating a disability claim. This includes maintaining detailed medical records, obtaining statements from healthcare providers, and collecting evidence from educational and occupational sources. These are all tasks that your disability lawyer will undertake on your behalf, freeing you from the difficult burden of collecting this data from various sources yourself. Such a set of tasks could cause someone with ADHD to suffer serious anxiety.
Consistent and ongoing documentation of the impact of ADHD on daily functioning and work capabilities strengthens the case for benefits.
Conclusion
Qualifying for Social Security disability benefits for ADHD requires meeting stringent criteria set by the SSA. This involves demonstrating significant functional limitations, providing extensive medical and educational evidence, and finding your way through a complex application process. Despite the challenges, with thorough documentation and effective advocacy by an experienced Social Security Disability Lawyer, individuals with ADHD can successfully obtain the disability benefits they need to support their daily living and work towards a better quality of life.
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