Does ADHD Count as a Disability?

By Michelle Shvarts
Principal Attorney

Attention deficit hyperactivity disorder (ADHD) is a mental health condition that affects both children and adults. Symptoms include restlessness, difficulty maintaining focus, and impulsive behavior. These symptoms vary greatly in severity and can significantly impact daily activities and work. For adults, ADHD can make it hard to organize tasks, follow detailed instructions, and manage time effectively, which can make it difficult to maintain employment. For children, ADHD can severely affect learning and social interactions. These limitations could qualify people with ADHD for Social Security benefits if they meet certain criteria.

Eligibility Criteria for SSDI and SSI

To qualify for Social Security Disability Insurance (SSDI), those with ADHD must prove that their symptoms significantly limit their ability to perform basic work functions. This requires a detailed demonstration of how ADHD affects tasks such as concentrating, interacting with others, and staying organized over a period expected to last at least 12 months. Eligibility for SSDI also depends on having a sufficient work history and having contributed a certain amount of money to Social Security through payroll taxes.

Supplemental Security Income (SSI), on the other hand, helps people with limited income and resources who are disabled, including children with ADHD. For SSI, the focus is not on work history but on demonstrating that ADHD significantly impairs the person’s ability to function compared to others of the same age or working capacity. This includes assessments of performance in learning environments, social interaction, and managing daily activities. Eligibility for SSI also requires meeting specific financial criteria.

The SSA’s Blue Book and ADHD

The Social Security Administration (SSA) uses a guide called the Blue Book to determine if an applicant’s condition is severe enough to warrant disability benefits. Although ADHD itself is not listed as a separate condition in the Blue Book, the effects of ADHD can be evaluated under other listed impairments. This means that for someone with ADHD to qualify for disability benefits, they need to demonstrate that their symptoms are as limiting as those of other comparable neurological disorders.

Evidence Requirements

Applicants seeking SSDI or SSI benefits due to ADHD must provide extensive medical evidence to support their claims. This might include medical histories, treatment records, and statements from treating physicians that detail how the symptoms of ADHD affect their daily functioning or ability to work. It’s also beneficial to include information on any medications or therapies the applicant uses and their effects on the person’s ability to function.

Challenges in Proving Disability with ADHD

Proving that ADHD is disabling can be challenging because the symptoms are highly subjective and vary from day to day. Additionally, ADHD often co-occurs with other disorders, such as depression or anxiety, which can complicate the assessment of its impact on the person’s ability to work or perform basic functions. Applicants often need to emphasize the consistency of their symptoms and how they impair daily activities to qualify.

Legal Assistance for ADHD Claims

Applying for disability benefits can be complex, especially with a condition like ADHD that is difficult to diagnose. Knowledgeable disability lawyers can provide essential guidance for applicants with ADHD on how to document the impact of their conditions effectively. An attorney can gather the necessary medical evidence, prepare for the application process, and represent the applicant in case of an appeal. A lawyer can also advise on how to communicate the specific ways in which ADHD limits work capability during hearings.

Contact a Social Security Lawyer Now

If ADHD affects your daily life or your ability to work, you could be eligible for Social Security benefits. Disability Advocates Group offers a free consultation to help you understand your options and plan your next steps. Contact us today, and let us assist you in preparing a strong claim for the benefits you deserve.

About the Author
Ms. Shvarts is the managing attorney for Disability Advocates Group. She opened Disability Advocates Group to assist individuals who became disabled and unable to work to obtain the benefits they need and deserve.  Ms. Shvarts and the rest of the team at Disability Advocates Group are dedicated to assisting individuals obtain Social Security Disability Benefits (SSDI) and Supplemental Security Income (SSI) benefits.