Getting Disability Benefits for Children with ADHD in Partial Remission

ADHD is a medical condition centering on inattentiveness, over-activity, and impulsivity.  For a child to be diagnosed with ADHD his symptoms must be well out of the normal range for a child of his age.  Sometimes older children are said to have Attention Deficit Hyperactivity Disorder in partial remission when they still have some ADHD symptoms but no longer meet the basic symptom criteria of actually having the disorder. 

A child under age eighteen is eligible for disability benefits under Social Security administration programs like Supplemental Security Income or Social Security Disability Insurance if they have a medically determinable physical or mental impairment, or combination of impairments, causing marked and severe functional limitations and the disabling condition is expected to cause death, has lasted twelve months, or will last for twelve months. 

The most important question in determining whether a child with ADHD in remission might be approved for disability benefits is whether or not his ADHD condition is currently severe enough or profoundly impairing his ability to function performing basic life tasks on the level of other non-disabled children of his age to be eligible for benefits. (See also SSI for ADHD).

Measuring and Rating the Severity ADHD in Partial Remission Impairment 

When evaluating an ADHD in remission disability claim Social Security will rate the degree of limitation in four main functioning areas using a five-point scale of: none, mild, moderate, marked, and extreme.  The "extreme" rating is a degree of limitation that in a child will be found incompatible with the ability to do any of the daily tasks needed to function on the level of other children of his age and in that event benefits would be approved.  If they rate the degree of an older child’s ADHD in remission disability in the first three of the functional areas as "none" or "mild" they will generally subsequently conclude that the child’s impairment(s) is not severe and deny the claim, unless there is medical evidence in the file indicating that there are other more than a minimal limitations on an child’s ability to do the basic daily life tasks and activities.

Getting Legal Help

If you or a member of your family suffers from ADHD in partial remission it may be important to discuss the circumstances of the condition with a disability lawyer.  An attorney can explain the methods used by the Social Security to evaluate and rate the severity of an ADHD impairment claim.  An attorney can also provide valuable guidance on the appropriate medical documentation and psychological testing necessary in an ADHD disability evaluation process.