Adult ADHD in its severe forms can potentially impact your ability to work. If you've recently found yourself where your ADHD is preventing you from earning a living, you may be eligible for disability. Clauson Law has been representing the disabled for over ten years. Give us a call today.

ADHD Lawyer for Disability Benefits

Attention-Deficit Hyperactivity Disorder (ADHD) can affect children as well as adults. Most people who are diagnosed in childhood continue to suffer from ADHD into adulthood.

You can get disability benefits for ADHD, but the process is not as straightforward as it is with other disorders. It is difficult to prove total disability due to ADHD. ADHD is genetic, so if you have a family history of inattention, substance abuse, mood disorders, or learning disorders, a doctor may be able to utilize that evidence to support your case.

ADHD diagnoses

First, you must have a diagnosis of ADHD. The problem is that ADHD diagnoses are subjective.  Most diagnoses are someone’s opinion—a doctor, a teacher or an employer. There is no specific standardized test used to diagnose ADHD. Therefore, doctors pull together symptoms lists and evidence from your life that your ADHD has limited you.

Your doctor might want to do other tests that will support your ADHD claim. For example, they might perform a standard psychiatric exam (WURS, WAIS or BADDS) to show your symptoms more objectively. The good thing about doing this type of test is that it will also rule out other diseases that have similar symptoms (thyroid diseases, depression, anxiety) and that helps your ADHD claim.

Having said that, a diagnosis does not necessarily mean that you will qualify for benefits. You also must have “measurable functional impairments” as an adult, and these impairments must definitively show that they keep you from effectively working in gainful employment.

SSA also requires you to meet the conditions of both Paragraphs A and B below.

  • Paragraph A: Show medical evidence of marked inattention, hyperactivity, and impulsiveness.
  • Paragraph B; Supporting documentation showing you have two of the three conditions that result from your ADHD. You must demonstrate marked impairment in age-appropriate:
    • cognitive/communication function
    • social functioning
    • personal functioning

For both paragraphs, any medical findings, doctor's notes, or standardized test results will help your case.

ADHD is classified as an inability to focus your attention on the task at hand to complete an action. It is much more than a mere distraction. ADHD can be mild to extreme; in the extreme cases, a person’s ability to pursue education, retain a job, and have a personal relationship is often impaired.

ADHD sufferers are very easily overwhelmed by “normal” daily tasks and more so during stressful situations. To cope, many with ADHD turn to drugs or alcohol, and are frequent substance abusers, and are depressed and anxious. People who observe ADHD people in action often describe them as being disorganized and chaotic.

SSA recognizes three ADHD types:

  • the inattentive type
  • the hyperactive-impulsive type
  • the combined type (inattention, impulsiveness, hyperactivity).

Since ADHD always begins during childhood, having as many records dating back to your childhood (or as far back as you can) is important because the SSA will consider this historical evidence. Again, this may be a problem because even though your disorder started in childhood, it may not have been diagnosed or even treated when you were a child. SSA looks for evidence of ADHD before age 7, so include it if you have it for a much stronger case. If you don’t have records going back that far, just supply what medical evidence you have.

When trying to prove total disability based on adult ADHD, it is recommended that you work with a qualified SSA attorney who can work with your doctors and help you gather evidence and file your claim paperwork. Working with us will ensure the highest possible chance of success.

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