Children diagnosed with Attention Deficity Hyperactivity Disorder often can’t pay attention to anything, get poor marks in school, and have a hard time just holding up a normal conversation. Although children under 18 are not eligible for Social Security disability, they may apply for Supplemental Security Income. School-age SSI applicants must go through the same disability review as Social Security disability claimants, and their conditions are evaluated on the basis of medical and psychological records, the results of standardized tests, reports from teachers and counselors, and grades. Because a diagnosis of ADHD depends on subjective observations by people who may or not be certified medical practitioners, Social Security will order a consultative examination (CE) of claimants by their own psychologist.
The disability listing for ADHD is 112.11, and it indicates the following:
Attention Deficit Hyperactivity Disorder: Manifested by developmentally inappropriate degrees of inattention, impulsiveness, and hyperactivity.
The required level of severity for this disorder is met when the requirements in both A and B are satisfied.
The “A” criteria is as follows.
A. Medically documented findings of all three of the following:
1. Marked inattention; and
2. Marked impulsiveness; and
3. Marked hyperactivity;
The “B” criteria for this listing has to do with “conditions resulting from ADHD” which a claimant must have for an ADHD case to be won. For children (3-18) to receive SSI disability benefits based on this disorder, they must—in addition to possessing 1. marked inattention, 2. marked impulsiveness, and 3. marked hyperactivity—have at least two of the three following conditions:
1. Marked impairment in age-appropriate cognitive/communication function.
2. Marked impairment in age-appropriate social functioning.
3. Marked impairment in age-appropriate personal functioning.
For each of these marked impairments (conditions resulting from ADHD is a good way to think of them), there must exist supporting documentation, including
Medical findings – such as treatment notes written by a doctor, mental health professional, or staff professionals at a mental health facility.
Historical information from parents and teachers – such as teacher reports and evaluations.
The results of standardized testing – such as achievement testing and IQ testing.
In short, to win a disability case for ADHD, you must be prepared to provide very full documentation of the condition and its effects.
