Is ADHD a Disability? Definition, Diagnosis, and Workplace Rights

Attention-Deficit/Hyperactivity Disorder (ADHD) is a neurodevelopmental condition that affects a person’s ability to focus, control impulses, and regulate activity levels. It is typically diagnosed in childhood but can persist into adulthood, influencing various aspects of daily functioning such as academic performance, work productivity, and interpersonal relationships

Can You Get Disability Benefits for ADHD?

Yes, it is possible to receive disability benefits for Attention-Deficit Hyperactivity Disorder (ADHD) if certain criteria are met, as outlined by the Social Security Administration (SSA).

To be eligible for disability benefits related to ADHD, you must typically prove that your symptoms and impairments from ADHD severely limit your ability to perform day-to-day activities for at least 12 consecutive months. The limitations should be significant enough to preclude you from engaging in substantial gainful activity, which refers to work that earns above a certain threshold set by the SSA. .

Understanding How the SSA Evaluates ADHD Claims.  

The SSA evaluates Attention-Deficit/Hyperactivity Disorder under Listing 12.11, Neurodevelopmental disorders. This is the official medical standard used for adults at Step 3 of the disability evaluation process. For children, the corresponding listing is 112.11.

To be found disabled by meeting Listing 12.11, an applicant must satisfy two sets of criteria:

• You must have medical documentation of a neurodevelopmental disorder characterized by hyperactive and impulsive behavior, inattentiveness, or a combination of both, resulting in significant difficulties in learning and using academic skills; AND
• You must show an “extreme” limitation in one, or “marked” limitations in two, of the following four areas of mental functioning: (1) understanding, remembering, or applying information; (2) interacting with others; (3) concentrating, persisting, or maintaining pace; and (4) adapting or managing oneself.

Additionally, the SSA will consider whether or not you have any accompanying comorbid conditions that frequently present alongside ADHD. Some of these conditions include, but are not limited to, the following: 

• Anxiety
• Depression
• Bipolar disorder
• Learning disability

The Five-Step Sequential Evaluation

If your condition does not precisely meet Listing 12.11, the SSA will still evaluate your claim using its mandatory Five-Step Sequential Evaluation Process to determine if you can work.

• Substantial Gainful Activity (SGA): Are you working and earning above the monthly SGA limit? If so, you will not be found disabled.
• Severe Impairment: Does your ADHD significantly limit your ability to perform basic work activities?
• Listing Impairment: Does your condition meet or medically equal a listing (e.g., Listing 12.11)? If so, you are approved.
• Past Relevant Work: If your condition does not meet a listing, can you still perform any of the jobs you held in the past 15 years?
• Other Work: Considering your limitations, age, education, and skills, can you perform any other type of work that exists in the national economy?

Is ADHD a disability?

Yes, Attention-Deficit Hyperactivity Disorder can be considered a developmental disability, particularly when it significantly impacts an individual’s ability to function in major life activities, including work, education, and social interactions. 

Having a diagnosis of ADHD or some level of impairment does not automatically qualify you for disability benefits. The severity and impact of the condition on your functional abilities and ability to work are crucial factors in the SSA’s evaluation.

What are the symptoms of ADHD?

The symptoms of ADHD can be classified into three main categories: inattention, hyperactivity, and impulsivity. However, not all individuals with ADHD will experience the same symptoms, and the severity can vary.

Inattention symptoms:

• Difficulty paying attention to details and making careless mistakes
• Trouble sustaining focus and easily getting distracted
• Difficulty organizing tasks and activities
• Avoidance or dislike of tasks that require sustained mental effort
• Frequently losing or misplacing things needed for tasks
• Forgetfulness in daily activities

Hyperactivity symptoms:

• Excessive restlessness and difficulty staying seated.
• Frequently running or climbing in inappropriate situations.
• Difficulty engaging in leisure activities quietly.
• Excessive talking and problems waiting for one’s turn.

Impulsivity symptoms:

• Acting without thinking and blurting out answers.
• Difficulty waiting for one’s turn in conversations or activities.
• Interrupting or intruding on others’ conversations or activities.
• Impulsive decision-making without considering the consequences.

Different Types of ADHD

There are three main types of ADHD, each characterized by specific patterns of symptoms. These types are:

• Predominantly Inattentive Presentation (formerly known as ADHD, predominantly inattentive type): Individuals with this type primarily exhibit symptoms of inattention. They may have difficulty sustaining attention, organization, following instructions, and completing tasks. 
• Predominantly Hyperactive-Impulsive Presentation (formerly known as ADHD, predominantly hyperactive-impulsive type): Individuals with this type primarily exhibit symptoms of hyperactivity and impulsivity. They may have difficulty sitting still, staying quiet, and controlling impulsive behaviors.
• Combined Presentation (formerly known as ADHD, combined type): Individuals with this condition display symptoms of inattention and hyperactivity-impulsivity, which can lead to difficulties with attention, organization, impulsivity, hyperactivity, and other related symptoms.

SSA’s Eligibility Criteria for ADHD for Adults

The SSA considers the following factors:

• Medical Evidence: The individual must provide medical evidence of an ADHD diagnosis from an acceptable medical source, such as a psychiatrist or psychologist.
• Functional Limitations: The SSA evaluates the functional limitations caused by ADHD, including the ability to concentrate, stay focused, organize tasks, manage time, and adapt to changes in the work environment.
• Impact on Work: The SSA considers the impact of ADHD on the individual’s ability to sustain work-related activities, maintain a regular work schedule, and complete tasks accurately and efficiently.

SSA’s criteria for ADHD for children

To qualify for disability benefits for a child with ADHD, they would need to meet the following requirements:

• The child must have a medically determinable impairment (MDI) that meets the SSA’s definition of disability.
• The impairment must result in marked and severe functional limitations, affecting the child’s ability to perform age-appropriate activities.
• The child’s condition must be expected to last for at least 12 months or result in death.

When applying for disability benefits for a child with ADHD, it is essential to provide extensive medical evidence, including documentation of the child’s diagnosis, treatment history, functional limitations, and the impact of ADHD on their daily life.

Questions to ask yourself before you apply for ADHD disability

Before applying for ADHD disability benefits, it can be helpful to ask yourself the following questions to assess your eligibility and readiness:

• How Does ADHD Impact My Daily Life and Functioning?
• Have I Received a Formal Diagnosis?
• What Medical Evidence Do I Have? 
• How Are My Functional Limitations Documented? 
• Can I Demonstrate Impairment in Work Activities?
• Have I Exhausted Non-Disability Support Options? 
• Am I Prepared for the Application Process?

What Types of Disability Benefits Can You Apply for If You Have ADHD?

Suppose you have Attention-Deficit/Hyperactivity Disorder (ADHD) and experience significant functional limitations that prevent you from working. In that case, you may be eligible to apply for disability benefits through the SSA. There are two main disability benefits programs:

• Social Security Disability Insurance (SSDI): SSDI is available to individuals who have paid Social Security taxes through their employment and have accumulated enough work credits. 
• Supplemental Security Income: SSI for ADHD is a needs-based program for individuals with limited income and resources. It provides financial assistance to those who are disabled and have little or no work history.

Considering an Application for ADHD Disability?

If you believe your ADHD prevents you from maintaining full-time employment, the next step is to prepare for the application process. The application process for disability benefits based on Attention-Deficit Hyperactivity Disorder follows a general procedure.

• Gather necessary information: Collect all relevant information and documents to support your ADHD disability claim.
• Complete the application: Fill out the appropriate disability benefit application forms. For ADHD, you would typically complete the Adult Disability Report (for adults) or the Child Disability Report (for children) provided by the Social Security Administration. 
• Medical evidence: Submit ample medical evidence to support your ADHD diagnosis.
• Work history: Provide information about your work history, including job titles, responsibilities, and dates of employment.
• Apply: Submit your completed application and supporting documents to the SSA. You can apply online, by phone, or in person at your local Social Security office.

How is the disability check amount for ADHD determined?

The disability payment amount varies significantly based on the program and your individual circumstances.

Your benefit is calculated based on your lifetime earnings history. While the maximum monthly SSDI benefit for 2025 is $3,936, most beneficiaries receive an amount closer to the national average, which is substantially lower. 

How to Appeal an ADHD Disability Denial

Receiving a denial for your ADHD disability claim can be disheartening, but it is not the final decision. The appeals process involves a multi-layered legal journey, and you must adhere to strict 60-day deadlines for most stages. The first appeal, Reconsideration, involves a new SSA examiner reviewing your file. 

If denied again, you can request a Hearing before an Administrative Law Judge (ALJ), the critical stage where you may testify in person. Should the ALJ’s decision be unfavorable, the next step is a review by the Appeals Council, which examines the judge’s ruling for legal errors. 

If the Appeals Council denies review or upholds the denial, you can file a civil action in U.S. District Court, taking your case into the federal judicial system. Finally, an adverse ruling from the District Court can be appealed to the appropriate U.S. Circuit Court of Appeals. At this advanced stage, a panel of judges will review the case not for its facts, but for significant errors of law made by the lower court. 

Navigating this entire path, from gathering initial medical evidence to drafting the highly technical legal briefs required for federal appellate litigation, demands deep procedural and legal knowledge. An experienced attorney is essential to preserve your rights and build the strongest possible argument at every intricate level of appeal.

Was the disability claim rejected? Contact Chermol & Fishman, LLC.

If your ADHD disability claim was denied in Philadelphia, PA, don’t be discouraged. Remember, a rejection doesn’t automatically mean you’re ineligible for benefits. 

Consulting with an experienced disability lawyer can make a significant difference in your case. They can guide, review your claim, gather additional evidence, and represent you during appeals. Call us at 888-774-7243 or schedule a free case evaluation for any questions about the appeal process. 

FAQs on ADHD