Social Security Strategy for – ADD/ADHD
Attention Deficit Hyperactivity Disorder or ADHD is specifically listed as an impairment.
Child Disability Standard, Listing 112.11 (All SSA Mental Disorders - Childhood)
In order for a child under the age of 18 to qualify for disability benefits, the child must have a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months, 42 USC Section 1382(a)(3)(C)(I) (emphasis added).
To meet the level of severity required under Listing 112.11 with regard to ADHD, there must be:
(A) medically documented findings of marked inattention, marked impulsiveness, and marked hyperactivity; and
(B) resulting in a marked impairment in at least two of the following:
- cognitive/communicative function,
- social functioning,
- personal functioning, or
- maintaining concentration,
- persistence and pace,
- see 20 CFR pt. 404, Subpt., App. 1, at Listing 112.11 (emphasis added).
The claimant's impairments must meet these requirements under Listing 112.11.
Functional domains
For a child's disablity the requirements of 20 CFR Section 416.926a, indicate that where a child is considered disabled if he or she has:
- Marked limitations in functioning in two of six domains or
- An extreme limitation in one of the domains.
Six Domains of ADHD
- Acquiring and using information;
- Attending and completing tasks;
- Interacting and relating with others;
- Moving about and manipulating objects;
- Caring for oneself; and
- Health and physical well-being.
Limitations must be greater than mild limitations. Mild difficulties in development of verbal communication is considered in the borderline range. Difficulties must be greater than MILD.
Symptoms of ADHD will not by themselves meet or equal the requirements for ADHD found in Listing 112.11.
To meet the requirements of Listing 112.11 (Mental Disorders - Childhood) impairments must be characterized as 'marked' in two of the subpart (B) categories found in the Listing.
It is important for the same reason that the ability (or inability) to work is so important in adult cases. The social security disability system is not really concerned with a claimant's diagnosed condition, but rather the effect that the condition has on a claimant's ability to <em>engage in certain specific activities.
Therefore, to win an ADHD disability claim, it is not simply enough to be given an ADHD diagnosis. The impairment MUST be there as indicated above and repeated here again:
- Marked limitations in functioning in two of six domains or
- An extreme limitation in one of the domains.
It is important to remember the proof required is not just that a claimant has a condition but proof must include the effect that the condition has on a claimant's ability to engage in certain specific activities.
For adults you must proof that the disabilty has impeded their ability to work and earn basic amount of income. For children the Six Domains of ADHD will be used.
Therefore, to win an ADHD disability claim, it is not simply enough to be given an ADHD diagnosis.
To win disability benefits from the Social Security Administration based on attention deficit or ADHD a child must have meaurable functional deficits, in the context of school performance.
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Lee Ann Torrans Sends an Email.
I just found out about a month a go from a co-worker that add, and adhd were labled as dissabilities. i have 3 children, 2 have adhd, and one is adhd,
i wasted no time in applying for disability for them, It hasn't been a month, and I just recieved 2 letter on 2 of them denying them disability because they are not blind, or disabled, I am just in shock over this, I have 60 days to appeal, which I intend to do.
the real shock is out of all the doctors and clinic's I provided them they contacted the one's with the least knowledge . Is this typical of the Social Security Administration, I thought they were more thorough than that.
I am wondering what to expect with the appeal, and am sure they will turn down my other child as well,
Do you believe I will need a lawyer at some point. Could you advise me of what actions I should take or what to anticipate. thank you for your response.
P.S. I thought the information on your website was so informative, I am more determined now , and driven to see this through for my children.
Sincerely,
Julia Wilson
YES, THIS IS THE SAD STATE OF AFFAIRS ... YOU WILL DO MUCH BETTER WITH AN ATTORNEY. NINETY-NINE PERCENT OF THE TIME YOUR ARE YOUR CHILD'S ONLY ADVOCATE.
FIND AN ATTORNEY THAT SPECIALIZES IN ADD/ADHD SOCIAL SECURITY CLAIMS AND MOVE FORWARD.
YOU DO NOT GET A DO OVER WITH YOUR CHILDREN. THIS IS YOUR ONE CHANCE. DO ALL YOU CAN.