This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning ssi or ssd - ssdi benefits. |
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Social Security Disability cases filed on the basis of ADHD, or Attention Deficit Hyperactivity Disorder, can be hard to win, but are not insurmountable.
Parents who are convinced their children are disabled as a result of this disorder should file a claim as soon as possible. However, they should keep several things in mind regarding the disability evaluation process and how ADHD cases are viewed and handled. For an ADHD disability claimant to win benefits, it is not enough to have been diagnosed with ADHD. It is not enough to display behavior, at home and/or at school, which is indicative of hyperactivity and poor attention. It is not enough to have been prescribed ritalin, or any other medication commonly prescribed, for attention deficit problems. To win benefits based on this disorder, in most cases it must be shown that claimants are taking medications as prescribed and, despite this, have significant difficulties with various age-appropriate activities---mainly grade level school work. Of course, if you read the article prior to this one (the link, Social Security Disability and ADHD, may be found at the bottom of the page), you may remember that Social Security approval guidelines for attention deficit cases do not mention prescribed medication. 
Logically, then, whether a child is taking medication for ADHD, or not, should have little bearing on a disability case. In reality, however, that is not how it works out. Disability Examiners and Administrative Law Judges always review medical records for indications of prescription drug use. The reasoning employed is simply this: how can a child's difficulties with ADHD be taken seriously if no mental health professionals considered the problems serious enough to warrant prescription medication. Parents whose children have been diagnosed with ADHD, but who are not taking medication, should seriously consider the value of pursuing a disability case which, most likely, will have little chance of success. How can parents maximize their children's chances of approval? The following tips may help. Tip 1 regarding Social Security Disability ADHD Cases Have your child tested for ADHD by a mental health professional. Symptoms of "poor attention", "hyperactivity", and "inability to concentrate" written on an SSI application will not suffice. There must exist in a child's medical records at least one diagnosis of ADHD for such a case to be seen as credible AND this diagnosis should, ideally, be based on testing results. By contrast, an "untested" ADHD diagnosis by a family doctor or pediatrician may have little significance even if that doctor prescribes medication. Reason: the diagnosis may be viewed as arbitrary. And, in reality, many doctors do diagnose ADHD and prescribe relevant medication simply to satisfy concerned parents. But Internists and Pediatricians hardly qualify as trained mental health professionals, and, for that reason, an ADHD diagnosis by such a doctor will not hold weight with the Social Security Administration Tip 2 regarding Social Security Disability ADHD Cases Have your child tested at school. While testing by a mental health professional can solidly confirm the existence of ADHD in a child claimant, school testing can serve another purpose. School testing can have the effect of determining whether or not a child will receive individualized attention and/or be classified as a special needs student. Though the ADHD disability listing does not specifically mention this, both Disability Examiners and Administrative Law Judges examine medical records to see whether or not children with ADHD are in special or mainstream classes. Again, a similar reasoning applies: if a school system does not believe a child's ADHD-related problems are significant enough to warrant special classes, why should an examiner or judge consider that child disabled? In most cases, the individual examining the claim will not.
Other factors that are considered for ADHD cases Of course, other factors, as specified in the ADHD listing, do come into play for attention deficit cases, such as how well a child communicates, how well a child functions socially, and how well a child takes care of personal needs (dressing, grooming, and related activities). But, in the vast majority of disability claims filed for ADHD, the final determination will be based on how well a child does academically in relation to peers, with significant attention paid to the issue of medication involvement. In other words, if a child diagnosed with ADHD performs well in school, or performs, at least, at grade level, a strong case cannot be made for awarding disability. Likewise, a child whose problems (social, communicative, or cognitive) are only manifested when a prescribed medication regimen is not followed will have a poor chance of winning disability benefits. Disability Advocates Help with Claims Free Case Evaluation |
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