Unable to Work Due to ADHD: Are Benefits Available?

If a person has been diagnosed with an Attention Deficit Hyperactivity Disorder (ADHD) that severely impairs that individual’s ability to engage in gainful employment then Social Security administration program benefits may be available for him.  ADHD usually involves all of the symptoms listed below. 

• Marked periods of inattention
• Periods of impulsiveness
• Marked hyperactivity

Medically Documenting the ADHD Diagnosis

ADHD in an adult may be considered an “Organic Mental Disorder” by the Social Security if the applicant can show the he has psychological or behavioral abnormalities associated with a brain dysfunction condition.  A mental health history and physical examination reports with related laboratory test results documenting the presence of a specific organic element etiologically related to the abnormal behaviors are required to document the ADHD condition. 

Documenting the Required Level of Severity Caused by the ADHD Disorder 

Once the applicant has been able to evidence that he has an organic mental disorder as per step one, he must move on to step two which will be providing medical and documentary evidence of the severity of his mental disorder or ADHD on his ability to perform gainful employment.   He must evidence both of the criteria listed below.

Demonstrate a loss of cognitive abilities or affective mood changes as to:

• Change in personality
• Disturbance in mood
• Emotional liability such as an impairment in impulse control

Which results in at least two of the following conditions: 

• Difficulties in maintaining concentration, persistence or pace
• Restriction of activities of daily living
• Difficulties in maintaining social functioning
• Repeated episodes of mental decompression of prolonged periods

Applicants can also provide Social Security with a documented medical history of the ADHD disorder of at least two years duration showing that the disorder has caused “more than a minimal limitation of ability to do basis work activities.”  This is shown through evidencing repeated episodes of mental decompensation, an individual not able to function outside a mental facility living condition, or showing a residual mental disease process with marginal adjustment such that with even a minimal mental demand or change in environment that individual will likely decompensate.  

Getting Legal Help

If you or a member of your family has been diagnosed with a ADHA mental disorder and would like to apply for benefits with a Social Security administration program it may be helpful to consult with a disability lawyer.  An attorney can provide valuable guidance on the application process and the appropriate medical information and documentation to submit to be approved for benefit.