Can You Get Disability for ADHD?
June 2, 2025
Pisegna & Zimmerman Attorneys at Law are renowned in Los Angeles and throughout California for our unwavering commitment to helping individuals navigate legal challenges effectively. Specializing in social security disability claims, our firm focuses on securing the best possible outcomes for its clients facing a variety of disabling conditions.
This blog explores whether Attention Deficit Hyperactivity Disorder (ADHD) qualifies as a disability under Social Security law, providing valuable guidance and insights from a legal perspective to help individuals understand their rights and options.
Better Understand ADHD Symptoms
Attention Deficit Hyperactivity Disorder (ADHD) is a common neurodevelopmental disorder that affects both children and adults. Classified as a mental health condition, ADHD is characterized by persistent patterns of inattention, hyperactivity, and impulsivity that interfere with daily functioning.
An accurate ADHD diagnosis typically involves a comprehensive evaluation by a qualified healthcare professional, such as a primary care doctor, psychiatrist, or psychologist, who reviews medical records, behavioral assessments, and patient history to rule out other causes and confirm the presence of this mental impairment.
ADHD is considered a medical condition because it affects brain development and function, leading to difficulties with attention regulation, executive function, and impulse control. Individuals with ADHD often experience difficulty concentrating, which can manifest as trouble staying focused on tasks, following instructions, or organizing activities. These symptoms can impact school performance, work productivity, and social relationships.
Because ADHD is a neurodevelopmental disorder, its symptoms typically begin in childhood, though they may not be formally diagnosed until adulthood. The condition can vary widely in severity and presentation, with some individuals primarily struggling with inattentiveness, while others exhibit more hyperactive or impulsive behaviors. This variability makes thorough medical documentation essential for diagnosis and treatment planning.
Living with ADHD means coping with challenges that affect everyday life, including managing time effectively, completing tasks, and maintaining emotional regulation. The mental impairment caused by ADHD often requires ongoing treatment and support, which may include medication, behavioral therapy, and accommodations in educational or workplace settings.
Proper diagnosis and documentation of ADHD as a medical condition are critical, especially when seeking social security disability benefits, as medical records serve as vital evidence to demonstrate how the disorder limits daily functioning.
Understanding ADHD as a serious mental disorder with tangible effects on an individual’s ability to function helps in recognizing the importance of legal and medical support for those affected. With appropriate treatment and accommodations, many individuals with ADHD can lead productive lives, but for some, the condition’s impact may warrant consideration for disability benefits
Brief Overview of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are two key federal programs administered by the Social Security Administration (SSA) designed to provide financial assistance to individuals who are unable to work due to disabilities. While both programs serve people with disabilities, they differ in eligibility requirements, funding sources, and benefit structures.
Social Security Disability Insurance (SSDI)
Social Security Disability Insurance (SSDI) is an insurance program funded by payroll taxes collected under the Federal Insurance Contributions Act (FICA). To qualify for SSDI, applicants must have worked and paid Social Security taxes for a sufficient number of years, earning enough “work credits” based on their age and work history.
SSDI provides monthly benefits to disabled workers who have a medically determinable impairment that prevents them from engaging in substantial gainful activity (SGA) for at least 12 months or is expected to result in death.
The program also extends benefits to certain family members, such as spouses and dependent children, based on the disabled worker’s record. SSDI benefits are generally higher than SSI payments because they’re based on the recipient’s prior earnings.
Supplemental Security Income (SSI)
Supplemental Security Income (SSI), on the other hand, is a needs-based program funded by general tax revenues rather than Social Security taxes. SSI provides financial assistance to disabled adults and children, as well as elderly individuals (age 65 or older), who have limited income and resources, regardless of their work history.
SSI eligibility depends on strict income and asset limits, making it accessible to those who may not qualify for SSDI due to insufficient work credits or limited earnings. SSI benefits are intended to help meet basic needs such as food, clothing, and shelter.
Both SSDI and SSI require applicants to meet the SSA’s definition of disability, which involves having a medically determinable physical or mental impairment that severely limits the ability to perform basic work-related activities. The SSA maintains a “Blue Book” listing of impairments that qualify for disability benefits, and claimants must provide extensive medical documentation to support their claims.
While SSDI recipients become eligible for Medicare after a 24-month waiting period, SSI recipients often qualify for Medicaid immediately, depending on their state of residence. Additionally, some individuals may qualify for both programs simultaneously, receiving SSDI based on work history and SSI to supplement their income if their SSDI benefits are low.
Understanding the distinctions between SSDI and SSI is essential for individuals seeking disability benefits, as the programs have different eligibility criteria, application processes, and benefits. Consulting with experienced legal professionals like those at Pisegna & Zimmerman can help applicants navigate these complexities, ensuring they receive the appropriate support and maximize their chances of approval.
Eligibility Criteria for Disability Benefits for Individuals with ADHD
To qualify for Social Security disability benefits with ADHD, individuals must meet specific eligibility criteria established by the Social Security Administration (SSA). ADHD is recognized as a mental disorder and can qualify as a disability if it impairs an individual’s ability to perform substantial gainful activity (SGA).
Medically Determinable Impairment
First, the individual must have a formal ADHD diagnosis supported by comprehensive medical records from qualified healthcare providers, such as psychiatrists, psychologists, or primary care doctors. The SSA requires objective evidence that ADHD is a medically determinable impairment causing functional limitations.
Severity of Symptoms and Functional Limitations
The symptoms of ADHD must be severe enough to substantially limit one or more major life activities, including attention, concentration, memory, and social functioning. The SSA evaluates how ADHD affects an individual’s ability to work, focusing on difficulties with sustaining concentration, following instructions, managing time, and interacting with coworkers or supervisors.
Duration of Disability
To qualify, the impairment must have lasted or be expected to last at least 12 months or be expected to result in death. Temporary or mild symptoms that don’t restrict functioning typically don’t meet the threshold for disability benefits.
Inability to Perform Substantial Gainful Activity (SGA)
The SSA assesses whether the individual can engage in SGA, which generally means earning above the monthly income threshold. If ADHD symptoms prevent maintaining employment at this level, the individual may qualify for benefits.
Meeting the SSA’s Listing or Equivalent Functional Limitations
While ADHD isn’t explicitly listed in the SSA’s Blue Book, claimants can qualify by demonstrating that their symptoms meet or equal the criteria of related mental disorders, such as neurodevelopmental disorders or other mental impairments, showing marked difficulties in areas like concentration, persistence, and social interaction.
Because ADHD symptoms can be subjective and variable, thorough medical documentation, including psychological evaluations and treatment history, is critical. Consulting with a knowledgeable disability attorney, such as those at Pisegna & Zimmerman, can help ensure that your claim accurately reflects the impact of ADHD on your daily life and work capacity, improving your chances of receiving Social Security disability benefits.
The Role of Medical Evidence in Proving an ADHD Disability Claim
Medical evidence plays a critical role in proving an ADHD disability claim, as the SSA relies heavily on objective documentation to verify the existence and severity of the condition. Since ADHD symptoms such as difficulty concentrating, impulsivity, and hyperactivity can be subjective and vary over time, thorough medical records from qualified healthcare providers, including psychiatrists, psychologists, and primary care doctors, are essential.
These records should include detailed evaluations, diagnostic test results, treatment history, and notes on how ADHD impairs daily functioning and work-related activities. Consistent and comprehensive medical evidence helps demonstrate that ADHD is a medically determinable impairment causing significant functional limitations, which is necessary to meet the SSA’s strict criteria for disability benefits.
Without strong medical documentation, it can be challenging to establish the legitimacy and impact of ADHD in a disability claim.
Steps to Apply for Disability Benefits with ADHD
- Gather Medical Documentation: Collect comprehensive medical records, including ADHD diagnosis, treatment history, psychological evaluations, and reports from your healthcare providers.
- Complete the Application: Apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) online, by phone, or in person.
- Provide Detailed Information: Include information about how ADHD affects your daily life and ability to work, supported by statements from doctors, family, or employers if possible.
- Attend Consultative Examinations: If requested, attend additional medical exams arranged by the SSA to further assess your condition.
- Respond to SSA Requests: Promptly provide any additional documents or information requested by the SSA during the review process.
- Wait for a Decision: The SSA will review your claim and notify you of its decision; this process can take several months.
- Appeal if Necessary: If your claim is denied, you have the right to appeal the decision within specified timeframes.
Working with an experienced disability attorney from Pisegna & Zimmerman can help you navigate these steps effectively.
Potential Challenges in Obtaining ADHD Disability Benefits and How to Overcome Them
Obtaining disability benefits for ADHD can be challenging due to the nature of the condition and how it’s evaluated by the SSA. One of the primary obstacles is that ADHD symptoms, such as difficulty concentrating, impulsivity, and hyperactivity, are often subjective and fluctuate in severity.
Because there are no definitive laboratory tests for ADHD, the SSA heavily relies on detailed medical documentation and functional assessments, which can sometimes be inconsistent or incomplete. To overcome this, it’s essential to maintain thorough and ongoing medical records from qualified healthcare providers that document the diagnosis, symptom severity, treatment history, and how ADHD limits daily functioning and the ability to work.
Another challenge is that ADHD isn’t explicitly listed as a disabling condition in the SSA’s Blue Book. Claimants must therefore demonstrate that their symptoms are equivalent in severity to those listed under related mental disorders, such as neurodevelopmental or mental impairments.
This requires comprehensive evidence showing marked limitations in concentration, persistence, social interaction, and other work-related activities. Engaging a knowledgeable disability attorney can help ensure your claim is presented with the appropriate medical and functional evidence to meet these criteria.
By proactively gathering strong, objective medical evidence, working with legal experts, and demonstrating functional limitations, individuals with ADHD can improve their chances of obtaining disability benefits despite these challenges. A Social Security disability lawyer from Pisegna & Zimmerman can help you do so.