Getting Disability Benefits For a Dependent with ADHD

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Obtaining disability benefits for a dependent with severe ADHD, or Attention Deficient Hyperactivity Disorder is possible. However, it is critical to prove to the Social Security Administration that the dependent’s condition is severe enough to impede the individual from working in gainful employment and requires aid provided by an individual such as a parent or health care giver.

Providing ADHD Is Severe

The biggest challenge in obtaining disability benefits for those who have ADHD is proving that the condition is severe enough to warrant the claims. This condition can be significantly debilitating but it is not for every individual. Therefore, individuals need to prove through medical documentation that the condition is that severe. The Sequential Evaluation Process is one way to do just that.

In order for individuals with ADHD to be approved to receive disability benefits through a guardian or health care provider is to show the seriousness of the illness. This means meeting to levels of qualifications, according to the Listing of Impairments Section 112.11. In this section, individuals must meet both Part A and Part B to qualify for disability benefits.

To qualify under Part A, the individual must have medical documentation that clearly defines that the individual has a severe condition in the following three areas:

  • Marked hyperactivity
  • Marked impulsiveness
  • Marked inattention

The individual must have all three of these to qualify.

In addition, he or she must meet the qualifications under Part B. Those include the following. The individual must have at least two of the following three conditions:

  • Marked impairment as it relates to cognitive and communication function
  • Significant impairment related to personal functioning at an age appropriate level
  • Significant impairment for social functioning

Individuals with these conditions may qualify for disability benefits, but it can be challenging to prove that the condition is severe and that the individual has the level appropriate. Documentation to support this includes historical information from both parents and other care givers, including teachers. Results from standardized testing may be admissible. In addition, medical documentation is often necessary.

Hire an Attorney

In many instances, it becomes critical to show that the individual who has ADHD has very complex conditions and limitations. It can be difficult to do this without the aid of an attorney. An attorney can provide the individual with help in applying for disability benefits and refuting any denials or refusals for it, if this is the case. Obtaining disability benefits for ADHD is limited to only the most severe of cases. An attorney can help learn if your situation fits the requirements. 

This article is provided for informational purposes only. If you need legal advice or representation,
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