ADHD DISABILITY BENEFITS

There are three types of ADHD: inattentive type, hyperactive/impulsive type or combined type. Your doctor will tell you which type of ADHD you have based on your symptoms. You report your symptoms over a six month period and the doctor gives you a diagnosis. Read below to learn more about each type of ADHD diagnosis.

INATTENTIVE TYPE ADHD

The following is a list of symptoms that occur when you have inattentive type ADHD:

•  Cannot pay close attention to details.
•  Makes careless mistakes in schoolwork or job tasks.
• Problems staying on task and completing activities, such as reading.
• Not able to listen when spoken to.
• Doesn’t complete schoolwork, chores or job duties.
• Does not manage time well and is messy and disorganized at work.
• Misses deadlines.
• Avoids tasks that require sustained mental effort, such as preparing and completing forms.
• Loses things, such as homework, books, keys, wallet, cell phone and eyeglasses.
• Forgets to do chores or run errands. Adults may forget to return phone calls, pay bills, or keep doctor’s appointments.

HYPERACTIVE/IMPULSE TYPE

This form of ADHD disability typically occurs in children. However, it can also occur with adults and interfere with their ability to work. Additionally, this type of impulsivity is seen in adults when they show poor judgment. Below you will find the symptoms that are known to be part of the hyperactive/impulse form of ADHD:

• Fidgets or taps hands or feet.
• Cannot stay seated in the classroom or the workplace.
• Runs and climbs where it is inappropriate.
• Cannot play or do leisure activities quietly.
• Acts as if driven by a motor.
• Talks too much.
• Blurts out an answer before a question has been finished and can’t wait to speak in conversations.
• Has difficulty waiting his or her turn.
• Interrupts or intrudes on others. Adults may take over what others are doing.

COMBINED TYPE ADHD

A diagnosis of Combined type ADHD occurs when there is a combination of the above symptoms. It is estimated that approximately 4-12% of children have ADHD. Boys are 2 to 3 times more likely than girls to have ADHD of the hyperactive or combined type.

ADHD DISABILITY IN CHILDREN

The primary features of ADHD include inattention and hyperactive-impulsive behavior. ADHD symptoms usually start before age 12. If you are a parent of a child with ADHD, you can obtain a diagnosis and request medication for your child.

Sometimes, medication works to help improve a child’s behavior and learning problems. There are two types of medications that children can take to help with ADHD symptoms.

• Stimulants are the most widely used ADHD medications. Between 70-80% of children with ADHD have fewer ADHD symptoms when taking these medications.
• Nonstimulants are also used for the treatment of ADHD. They do not work as quickly as stimulants, but their effects can last up to 24 hours.

Medications can affect children differently. For example, some children can have side effects such as not being hungry or having sleep problems. One child may respond well to one medication, but not to another. Talk to your child’s doctor to make a good decision about whether or not to begin ADHD medication.

Students with ADHD may qualify for special education under the Individuals with Disabilities Education Act or for a Section 504 plan under the Rehabilitation Act of 1973.

Children with ADHD can benefit from a tutor. They can also benefit from learning study skills and teaching techniques. Find out more about SSI benefits here. Also, find out more about children’s disability benefits here.

ADHD DISABILITY IN ADULTS

Over 10 million adults have attention-deficit/hyperactivity disorder. In adulthood, ADHD may be associated with depression, mood or conduct disorders and substance abuse. Adults with ADHD often experience trouble at work because of their ADHD symptoms.

For example, you may have poor performance at work or struggle to finish projects. Likewise, you may have trouble getting along with coworkers or supervisors. You may even have trouble dealing with customers or the public on the job.

These issues may be due to ADHD. Due to your condition, your struggles at work may lead to feelings of frustration, guilt, or depression. These are common feelings and you are not alone. To find out more about disability benefits for depression, go here.

Many adults with ADHD do not realize they have the condition. A medical evaluation normally includes a review of past and current symptoms. You will also need a medical exam and your doctor can rate your ADHD symptoms on the adult rating scale.

Adults with ADHD are treated with medication. Also, you can find a counselor to help you. You can learn behavior management strategies and increase structure and organization at work. These goals can also help you in your daily life. Some adults find that  working with a coach can be a helpful part of their ADHD treatment plan.  For more information on adult coaching, see Coaching for Adults with ADHD.

All of these treatments will help with the symptoms of ADHD. If your symptoms remain severe, despite treatment, then you should apply for SSD benefits.

LISTING 12.11 FOR ADHD DISABILITY – NEURODEVELOPMENTAL DISORDERS

Meeting the listing requires you to prove to the SSA that you have the exact elements of Listing 12.11. Below is SSA’s listing for ADHD, which is under the title of Neurodevelopmental Disorders.

12.11 Neurodevelopmental disorders (see 12.00B9), satisfied by A and B:

1. Medical documentation of the requirements of paragraph 1, 2, or 3:
   1. One or both of the following:
      1. Frequent distractibility, difficulty sustaining attention, and difficulty organizing tasks; or
      2. Hyperactive and impulsive behavior (for example, difficulty remaining seated, talking excessively, difficulty waiting, appearing restless, or behaving as if being “driven by a motor”).
   2. Significant difficulties learning and using academic skills; or
   3. Recurrent motor movement or vocalization.

AND

2. Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning (see 12.00F):
   1. Understand, remember, or apply information (see 12.00E1).
   2. Interact with others (see 12.00E2).
   3. Concentrate, persist, or maintain pace (see 12.00E3).
   4. Adapt or manage oneself (see 12.00E4).

If you have the AHDH symptoms at the level outlined in listing 12.11, then you should meet the SSA rules and win benefits. You can learn more about how to meet the Part B criteria by reading here.

WIN ADHD DISABILITY BENEFITS WITHOUT MEETING THE LISTING

If you do not meet the ADHD disability listing, there are other way to win your disability benefits. For instance, your ADHD symptoms, in combination with other mental conditions, may “equal” the severity of the listing.

If you have depression along with ADHD, for example, then those two mental conditions together can be as disabling as the symptoms from one mental impairment. If this is the case, then the SSA judge can find you should win benefits under “equalling” listing 12.11. Find out more about disabling depression here.

However, if you do not meet or equal a listing, then the SSA will also assess your residual functional capacity (RFC). Your RFC is what you can physically and mentally considering your illness. If your RFC limits your ability to complete a 40 hour work week, then you would be win benefits under a vocational framework.

If you need to find out more about winning benefits using a vocational analysis, then read more about your residual functional capacity here. At your hearing, there is a good chance there will be a vocational expert who will testify. The vocational expert testifies about whether or not there are jobs that someone with your RFC can perform. You can also learn more here about vocational expert testimony here.

WHAT CAN YOU DO TO IMPROVE YOUR CHANCES OF WINNING ADHD DISABILITY BENEFITS?

The main thing you can do to improve your chances of winning ADHD disability benefits is get medical treatment. Medical record evidence is the single most important thing in your SSD case. Building that medical evidence is the best thing you can do to help yourself win SSD and SSI benefits.

In order to get medical evidence, you need to go to the doctor. If you do not have health insurance, you may be eligible for Medicaid. Medicaid covers many healthcare services. It also covers the cost of medications. Find more information about Medicaid benefits here.

You also need to build a doctor and patient relationship. You cannot do this unless you visit the doctor on at least a monthly basis. Additionally, your doctor will usually prescribe medication. Medication helps if you have a severe mental or physical condition.

Take your medication. Do what your doctor tells you to do. Additionally, do not quit your medication. Also, if you are having side-effects you don’t like, then tell the doctor. Usually, there is another medication he or she can give you instead.

OBJECTIVE MEDICAL EVIDENCE OF YOUR ADHD DISABILITY

Unfortunately, many people who apply for SSD and SSI benefits do not understand the simple fact that they need medical evidence to prove their case. Instead, they think they can explain their symptoms to a judge and their explanation will win the case. Nothing could be further from the truth.

The law requires the SSA judge to find medical evidence of your ADHD in your medical records. If the judge cannot find medical evidence of a severe illness or condition, then you will not win. Instead, the judge will find there is no medical evidence to support your testimony.

Many people think they can win their case without going to the doctor.  They are wrong. You cannot win without medical records to support your case. Even if you stop going to the doctor for a few months, it just gives the judge a reason to deny your claim. Get ongoing medical treatment. It will prove your ADHD disability. Find out more about the medical records you need to prove disability here.

CANNON DISABILITY LAW WORKS ON A CONTINGENCY FEE BASIS

If you have an ADHD disability, you may need to hire an attorney to help you with your Social Security case. In order to hire Cannon Disability, all you need to do is call or contact us. We offer a free consultation over the phone. And, it doesn’t cost anything to call us.

Better yet, it also doesn’t cost you any upfront money to hire us. Why? Because you only pay us an attorney fee if we win your case. This is a contingency fee. It means if we win your SSD case, you pay out of your back benefits. If you do not win, there is no attorney fee to pay.

If there are costs in your case, then you pay those. But normally those costs are less than $100. Once we win, we are paid from your back benefit. But, to hire most lawyers, you have to pay upfront. We don’t work like that. You don’t have a job. So, the only way to pay us, is for us to win your case. That is our goal. Call and see what we can do for you.

WE OFFER A FREE CONSULTATION

If you have any disabling condition, then Cannon Disability offers a free consultation. But, what does this mean?

For most people who want to become clients, it means we will talk to you about your case over the phone. We will not charge you to examine the merits of your case, including questions about ADHD disability benefits. Most lawyers do charge an attorney fee to review your case. We do not.

Please understand, however, that giving you a free consultation is not the same thing as hiring our law firm. We examine the merits of your case based upon the facts you give us.

Sometimes, we will request that you send us medical records. We also want you to send us a copy of any SSA paperwork. We ask for this so we can understand the details of your case. Even if we ask for more information, it does not mean that we are your attorney.

You will know if you hire our legal team because we will send you our contract and other SSA paperwork to fill out. Return your paperwork to us as soon as possible. If you need help with your case, contact us.

If you do not sign and send the paperwork back, then we are not your law firm. We will send you a pre-paid envelope to send the paperwork back to us. Or, we will accept some electronically signed paperwork.

CANNON DISABILITY LAW’S REPRESENTATIVES CAN HELP YOU WIN YOUR ADHD DISABILITY CASE

If you want to learn more about the representatives at Cannon Disability Law you can go to our About Us page. For example, you may want to know that Dianna Cannon has been practicing Social Security law for thirty years. She also teaches disability law. Brett Bunkall and Andria Summers have also won thousands of Social Security disability cases.

In the past 30 years, we have won over 20,000 SSDI and SSI cases for our clients. Our specialists can help you apply for SSI disability benefits using the SSA’s website. However, we will need your help to apply for SSI benefits. Why? Because only you know your personal financial information. SSI benefits require you to have minimal assets and monthly income.

Likewise, if you need an appeal, we can help you do that too. There are also many forms that will need to be filled out. Don’t worry. If you have questions about these forms, we will answer them. You can learn more about SSA’s appeal forms here. Call us today.

We represent clients in many states. States we serve include Nevada, Utah, Colorado, California, and Idaho. Find out more about Nevada disability benefits here. Learn more about Utah disability benefits and California disability benefits here. No matter where you live, we want to be your disability legal team. Call us now. We will answer your questions about your ADHD disability case