Is ADHD a Disability? Facts to Know

ADHD stands for Attention Deficit Hyperactivity Disorder. It is a disorder that causes three main symptoms: hyperactivity, and impulsivity. For an ADHD diagnosis, the child must exhibit these symptoms outside of the normal range for kids of the same age and developmental level. It is not known what causes ADHD, but it is known that the brains of these children work differently than that of others. Their brains react differently to neurotransmitters like adrenaline and dopamine. The disorder affects boys more often than girls. However, despite the increased prevalence of ADHD diagnosis, there is some debate about whether ADHD is a disability at all. 

The Law and ADHD

One question that comes up often is how ADHD should be treated under the American's with Disabilities Act (ADA). The ADA does not list disabilities like the Social Security Administration. Instead, it states that a person is disabled if his or her condition limits one or more major life activities. This means a major life activity, like breathing, hearing, walking, or working has to be substantially limited. The question, of course, is whether ADHD or other mental disorders similar to it can be considered to interfere with or substantially limit a major life activity.

In 2008, Congress added an amendment to the act that was meant to clear up some of this ambiguity. It listed some major life activities and included among them reading, thinking, communicating, and concentrating. ADHD definitely affects one or more of those categories. The amendment also added operating major bodily functions as a major life activity and included neurological and brain function. This seems to mean a person who is limited by ADHD will have an easier time qualifying for disability. However, some people still may have an easier time qualifying than others.

Symptoms of ADHD

One complicated aspect of determining whether ADHD is a disability is that there is such a wide range of symptoms that can occur. Furthermore, some of those symptoms may be hard to distinguish from normal behavior, and almost all are subjective. Inaddition, some children will exhibit more symptoms in one area than in another, and some will exhibit a combination of symptoms.  A child who does not exhibit many of the hyperactivity symptoms is often not diagnosed with ADHD. 

The symptoms of inattention include:

• Forgetfulness of regular activities
• Losing things often 
• Being easily distracted
• Making careless mistakes in schoolwork
• Failing to finish work
• Having trouble getting organized
• Difficulty remaining on task or paying attention for an extended period of time
• Avoiding work that requires concentrating and attention for a long time
• Seeming not to be listening when being spoken to directly 

Hyperactivity symptoms are easy to spot, but an observer has to know what is normal for the age group. Symptoms include:

• Fidgeting and squirming when seated 
• Getting out of one's seat when expected to stay in it
• Running and playing when it is not appropriate
• Always moving.  
• Talking too much
• Having a hard time playing quietly

There are fewer impulsivity symptoms. Like hyperactivity, one needs to know what is normal for the age group. Symptoms include:

• Difficulty waiting one's turn 
• Blurting out the answer in class before the question is finished 
• Interrupting others or intruding on games or conversations.  

Many of these symptoms are things that all children have some difficulty with. Furthermore, it can be hard to define things like always moving or talking too much, since these are not things that can be objectively measured.

ADHD as an Adult 

The prognosis for children with ADHD is not very good. About half of them will not “outgrow it” when they enter adulthood. ADHD can also lead to drug and alcohol use, dropping out of school, difficulties in keeping a job, and getting into trouble with the law. Because of the problems adults can have with ADHD, many argue that it should be clearly defined as a disability. However, as an adult, a person with ADHD can cover it up and can control it better, which can make it even harder for adults to be considered disabled as a result of ADHD. Furthermore, there is some skepticism associated with "adult onset" ADHD, which is in part driven by the belief that ADHD is usually diagnosed as a child.  

Getting Help

Because of the challenges associated with defining ADHD as a disability, if you hope to seek disability benefits for someone suffering from ADHD, it is a good idea to get legal help. Your lawyer can assist you in gathering any and all evidence that helps to prove that your ADHD really does have a disabling impact on your life.