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Attention deficit hyperactivity disorder (ADHD) is a disability that may qualify you or your child for Social Security Disability (SSD) payments if the condition severely impacts the patient’s ability to concentrate, learn, interact with other people, or complete necessary tasks.
A North Carolina Social Security Disability lawyer from our firm can help you determine whether your or your child’s ADHD qualifies for SSD payments.
We can also help you collect evidence, file your application, and file an appeal if the Social Security Administration (SSA) denies your initial application for benefits.
Does ADHD Count as a Disability?
ADHD is a chronic and potentially debilitating mental disorder that frequently affects children, but it can also occur in adults. Symptoms include:
- Inability to focus or concentrate
- Restlessness or an inability to sit still
- Easily getting distracted
- Impulsive behavior
- Learning difficulties
- Challenges in interacting with other people
While most children show at least some of these symptoms at times, ADHD patients tend to exhibit them in extremes that are uncommon for others their age.
This condition can severely limit a person’s ability to learn and use new information, care for themselves, and develop relationships with others.
Does ADHD Qualify You for Social Security Disability Benefits?
In extreme cases, patients whose ADHD significantly affects their personal, academic, and/or professional lives qualify for SSD benefits.
According to the SSA Listing of Impairments (also known as the “Blue Book”), neurodevelopmental disorders such as ADHD may qualify for SSD compensation if the claimant can prove their child suffers from at least one of the following:
- “Frequent distractibility, difficulty sustaining attention, and difficulty organizing tasks” and/or “hyperactive and impulsive behavior”
- “Significant difficulties learning and using academic skills”
- “Recurrent motor movement or vocalization”
They must also experience “extreme limitation of one, or marked limitation of two, of the following areas of mental functioning:”
- Understanding, remembering, or applying information
- Interacting with other people
- Concentrating
- Adapting or managing themselves
Adults with severe ADHD may also qualify for SSD benefits in some cases, according to the SSA.
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What SSD Benefits Can I Receive for ADHD?
The SSA offers two SSD benefits programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Per the SSA, you must have previously worked and paid into the Social Security insurance program to qualify for SSDI.
Adults with severe ADHD may qualify for SSDI if their ADHD is so debilitating that it prevents them from working for at least one year.
If you do not qualify for SSDI, SSI is still an option. According to the SSA, SSI provides monthly payments to disabled individuals who have little or no income or resources.
The amount you can receive in monthly Disability payments depends on various factors, including what type of benefit you qualify for, your circumstances, and your marital status. Our Disability lawyers can explain how much compensation you qualify for.
How to Apply for SSD Benefits
Proving that your or your child’s ADHD is severe enough to qualify for Disability benefits can be a time-consuming and challenging process. The best way to apply for SSD benefits is to let a Social Security Disability attorney help you. Our legal team can walk you through the entire process, including:
- Collecting extensive medical evidence related to your or your child’s ADHD
- Providing additional evidence of the ADHD’s effects on you or your child, such as the results of standardized tests or psychological examinations
- Collecting contact information and medical records from all doctors, psychologists, and other professionals who have treated you or your child
- Compiling lists of ADHD treatment medications you or your child have taken and statements from medical professionals regarding their degree of effectiveness
- Gathering statements from people who know you well (such as family members, teachers, or neighbors) who can testify to the ADHD’s effects on your or your child’s ability to function
- Helping you fill out your SSD application and ensuring it contains all required information
Note that SSDI has a waiting period before claimants begin receiving benefits. No waiting period applies for SSI.
What Happens if the SSA Denies Your Claim for Benefits?
The SSA denies many initial SSD claims for ADHD. This can be frustrating, but you don’t have to give up if you receive a denial. Your SSD attorneys can help you file an appeal with the SSA, which may require the following steps:
Reconsideration of Your ADHD Claim
Your SSD attorney will ask the SSA to reevaluate your claim and consider changing its decision.
Administrative Law Judge (ALJ) Hearing Regarding Your ADHD Claim
Your lawyer will request a hearing with an ALJ, allowing you to tell your story in your own words and ask for appropriate benefits. Your attorney can represent you at this hearing.
Appeals Council Review of Your ADHD Claim
The Appeals Council will review your claim and determine whether the ALJ made a mistake in issuing a denial.
Federal Court Review of Your ADHD Claim
The final stage of the appeals process involves filing a lawsuit in federal court. If your claim reaches this stage, your SSD claim lawyer will handle the legal process for you and fight for your right to Disability benefits.
The SSA may reverse its decision and grant you benefits at any stage of the appeals process. Our attorneys can help you fight as long as necessary to get the compensation you deserve.
Let Our Social Security Disability Lawyers Help With Your Claim or Appeal
ADHD is a disability for which you may be entitled to benefits. Our South Carolina Social Security Disability attorneys at Farmer & Morris Law, PLLC, can help you file for these benefits. In addition to gathering evidence and completing and submitting your initial application, we can also help you appeal a denied claim and fight for the benefits you deserve.
We have extensive experience fighting for Social Security Disability benefits and have recovered over $100 million for injury and Disability clients. We work on a contingency-fee basis, so you will only pay your lawyer if we secure Disability benefits for you.
Contact us today for a free, no–obligation consultation.
