ADHD DISABILITY BENEFITS
ADHD STANDS FOR ATTENTION-DEFICIT/HYPERACTIVITY DISORDER
ADHD benefits may be available to replace your income if you cannot work for at least 12 months. Attention-deficit/hyperactivity disorder (ADHD) is a mental condition that usually affects children. However, ADHD also impacts the life of many adults. Symptoms of ADHD include not being able to pay attention or to keep one’s focus on a task. Additionally, the condition includes symptoms such as hyperactivity and impulsivity.
THE THREE TYPES OF ADHD
There are three types of ADHD: inattentive type, hyperactive/impulsive type or combined type. If you have been diagnosed with ADHD, then 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. You can learn about each type of ADHD. There are three different kinds:
INATTENTIVE TYPE ADHD
The following is a list of symptoms that both children and adults have with inattentive type ADHD:
- Cannot pay close attention to details.
- Makes mistakes in homework or on the job.
- Problems staying on task, such as reading.
- Not able to listen when spoken to.
- Doesn’t complete school work, chores or job duties.
- Does not manage time well and is messy.
- Misses time limits.
- Avoids tasks that require attention, such as preparing forms.
- Loses things, such as homework, books, keys, wallet, cell phone and glasses.
- Forgets to do chores or run errands. Adults may forget to return phone calls, pay bills, or keep appointments with their doctor.
HYPERACTIVE/IMPULSE TYPE
This form of ADHD usually occurs in children. However, it can also occur with adults. When it does, it usually interferes with their ability to work. Additionally, impulsive behavior is seen in adults when they show poor judgment. Below is a list of symptoms that are known to be part of the hyperactive/impulse form of ADHD:
- Fidgets or taps hands or feet.
- Cannot stay seated in class or at work.
- Runs and climbs where should not.
- 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 trouble waiting his or her turn.
- Interrupts others. Adults may take over what others are doing.
COMBINED TYPE ADHD
Combined type ADHD occurs when there is a combination of the above symptoms. It is estimated that almost 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 IN CHILDREN
The primary symptoms 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, then you should find a doctor and request help and medication.
Sometimes, medication works to 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, they could have trouble sleeping. One child may respond well to one medication, but not to another. Talk to your 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. Also, find out about SSI benefits for children.
ADHD IN ADULTS
Over 10 million adults have ADHD. ADHD can occur along with anxiety, mood or conduct issues and drug or alcohol 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 other workers and your boss. You may even have trouble dealing with customers or the public on the job.
These issues may be due to ADHD. Because of your condition, your struggles at work may lead to feelings of anger or guilt. These are common feelings and you are not alone. Many adults with ADHD do not realize they have the condition. A medical exam normally includes a review of past and current symptoms. After your medical exam, 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 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 information on how to obtain a coach, review 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.
SSA LISTING 12.11 FOR ADHD BENEFITS
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 conditions, satisfied by A and B:
- Medical records of the requirements of paragraph 1, 2, or 3:
AND
If you have the AHDH symptoms at the severe level in listing 12.11, then you should meet the SSA rules and win benefits. You can learn about how to meet the Part B rules. Also, you can learn about the mental abilities you need to perform even simple work.
THE SSA MEDICAL EXPERT TESTIFIES ABOUT ADHD
Medical Experts (ME) often testify at Social Security hearings. They are called by the ALJ to review your medical records for ADHD symptoms. Also, they explain all of your medical conditions to the judge. Additionally, they testify as to whether or not your medical condition meets or equals an SSA listing, like 12.11. Likewise, an ME can be requested by your attorney. This is, however, mostly done in complex medical cases.
The medical expert is not your treating doctor. In fact, the doctor must have never met you before. Because, the ME is there to give testimony about your medical records and should not be pulling for either side of the case.
Usually, the medical expert will be at the hearing to testify. However, they can also testify by video or by telephone. It is also possible for an ME to answer written questions after the hearing. These written questions are sent to the expert by the judge. The ME’s answers require review and possibly filing objections. If you do not know how to do this, then hire an attorney. Do not make the mistake of not preparing for the medical expert.
WIN ADHD BENEFITS WITHOUT MEETING THE LISTING
If you do not meet the ADHD listing, there are other ways to win your benefits. For instance, your ADHD symptoms, in combination with other mental conditions, may “equal” the listing.
If you have a mental condition besides ADHD, then those two mental conditions together can be as severe as the symptoms from one mental condition. If this is the case, then the SSA judge can find you should win benefits because you equal listing 12.11. Find out about anxiety and SSD benefits.
However, if you do not meet or equal a listing, then the SSA will also assess your residual functional capacity. Your RFC is what activities you can do considering your illness. If your RFC limits your ability to complete a 40 hour work week, then you would be win benefits under SSA’s rules. These rules are the GRID Rules.
If you need to find out more about winning benefits using other arguments, then read more about your RFC. At your hearing, there is a good chance there will be a vocational expert (VE) who will testify. The VE testimony is about whether or not there are jobs that someone with your RFC can perform. You can also learn about VE testimony.
THE VOCATIONAL EXPERT AT YOUR HEARING
The VE is an expert witness, just like the medical expert. Normally, the Social Security Judge calls a VE to testify at the hearing. The Judge calls the expert to talk about jobs that are available to you based upon your ability. VEs have training in placing people in jobs. They also understand the numbers and types of jobs that exist in the nation. They are at the hearing in order to answer questions about jobs in the national economy.
Once the Judge asks you questions about your medical conditions, she will decide what you are capable of doing during an 8 hour work day. The SSA calls this your RFC. Your RFC what you can physically do throughout an 8 hour work day. Therefore, your answers to the questions at the hearing are very important. Just as the important as the medical records you submit.
The Judge listens to your hearing testimony and then takes the symptoms from your medical records to determine how your ADHD symptoms impact you on the job. At the end of your hearing, the Judge will ask the VE questions. Likewise, your attorney will also ask questions. Your attorney can also question the VE. Often it is VEs testimony that determines whether you win or lose your benefits.
QUESTIONS FOR THE VOCATIONAL EXPERT
The Judge will ask questions to the VE about whether or not a person with ADHD can work. Typically, the Judge will use three to four different questions. These questions can include many different symptoms from your ADHD or other mental conditions.
For example, the Judge may ask if a person cannot concentrate on the job, could they work. Or, the Judge may ask what kind of work would be available to a person who cannot remember instructions.
Once the Judge is done asking questions, your attorney has the right to question the VE. For those who do not hire an attorney, they are left to try to ask the VE questions on their own. Obviously, most people do not know what questions to ask because they have never been to a hearing. Nor do they have the training they need in order to understand what questions to ask.
VEs testify about what kinds of jobs you could do. However, they also testify as to the number of jobs that exist in the national economy. For example, a VE may testify as to whether your work skills can be used in other work. They will also testify about the specific jobs in which they can be used.
A VE may also testify as to the effects of other medical conditions on the range of work you can do. Likewise, the VE can testify about the erosion of the job base caused by your medical conditions.
HOW TO IMPROVE YOUR CHANCES OF WINNING SSD BENEFITS?
The main thing you can do to improve your chances of winning ADHD benefits is get medical treatment. Medical 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 able to get Medicaid benefits. Medicaid covers many health services. It also covers the cost of medications. Review information about Medicaid benefits.
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 give you medication. Medication helps if you have a severe mental or physical condition. If you need a doctor, then review our list of free and low cost health resources in Utah. We also have free mental health resources in Nevada.
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
Unfortunately, many people who apply for SSD benefits don’t 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 base his decision on the medical evidence of your ADHD. If the judge cannot find medical treatment of your ADHD, 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 also 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 monthly medical treatment. It will prove your ADHD keeps you from working. Find out about the medical records you need to prove the SSA should pay you benefits.
YOU DON’T WIN, YOU DON’T PAY AN ATTORNEY FEE
If you have ADHD that prevents you from working, you should hire our law firm to help you with your Social Security case. In order to hire us, all you need to do is call or contact us. We offer a free review of your casee. 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 means if we win your SSD and SSI 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.
WHAT WE DO TO HELP YOU WIN ADHD BENEFITS
You do not need to try to win benefits for ADHD by yourself. We can help file your SSD and SSI application. Also, we can help you appeal every SSA denial. For example, our attorneys and staff can:
- Send you the paperwork you need to become our client
- Help you file your application for SSD and SSI benefits
- Inform the SSA they should pay your benefits under Compassionate Allowance Rules
- Request an appeal if you receive a denial
- Help you confirm your free SSA doctor exam
- Request a Hearing with an Administrative Law Judge
- Prepare you to testify at your ALJ hearing
- Represent you at your hearing and question the expert witnesses
- Read about the job expert testimony
- Learn about medical expert testimony
- Request review of an SSA decision with the Appeals Council
- Request review of an Appeals Council denial in Federal Court
If you file your application for benefits online at Social Security’s website, then you have 6 months to complete the application. Try not to take that long to finish it. Once you submit your application online, the SSA sends you an application summary in the mail. You must sign the summary and mail it back. If you need help to file your application, we will help you.
WE OFFER A FREE REVIEW OF YOUR BENEFITS
If you have any medical condition that prevent you from working, then Cannon Disability offers a free review of your case. 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 benefits. Most lawyers do charge an attorney fee to review your case. We do not.
Please understand, however, that giving you a free review of your case 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 stamped envelope to send the paperwork back to us.
OUR LAW FIRM CAN HELP YOU WIN ADHD BENEFITS
If you want to learn about the lawyers and staff at our law firm, then review our About Us page. For example, you may want to know that Dianna Cannon has been helping her clients win benefits for over thirty years. Brett Bunkall and Andria Summers have also won thousands of Social Security cases.
In the past 30 years, we have won over 20,000 SSDI and SSI cases for our clients. Our experts can help you apply for SSI 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. Call us today.
We represent clients in many states. States we serve include Nevada, Utah, Colorado, California, and Idaho. Find out about Nevada SSD benefits. Learn about Utah SSDI and SSI benefits and California SSDI benefits. Idaho SSD benefit information is also available. No matter where you live, we want to be your legal team. Call us now. We will answer your questions about your ADHD benefits.
