Can ADHD be classified a disability by Federal or State Law?

We live in Michigan. My son has severe ADHD, and we've had to fight the school every step of the way- first with his diagnosis, then with what types of help they can offer. I was lied to at first about them being able to help with a diagnosis. I was lied to next about him not qualifying for counsling at school if I want him to have it.

Federal law mandates children with disabilities get access to services. Can ADHD be classified as a disability? And how?
Answers:   I should remember this from school, but I know there are special provisions for ADHD. Ask about a Section 504 plan. (Or it could be 405, I'm numerically dislexic, so my memory is bad). They are able to get services and should by law. So, keep fighting! Ask the State Board of education if you need to.
yes my friends' son has it bad and gets a disability check for it
i took a class on something like this recently the definition of disability is that it has to impact a basic function of life like
walking, breathing, etc. it depends on how severe some diseases are whether they are legally disabilities (per ADA).

Again, get an actual PROFESSIONAL evaluation. If you have an HMO or public aid, make an appointment with your doctor and say you'd like to have a referral for your son to a psychotherapist for evaluation.
You'll have to contact your local government on the issue, you can try the department of education, but they will most likely run you around.

Is he medicated? Or getting medical treatment of some sort?

A lot of local groups have activity dates for special needs kids, and a lot of those include ADHD. That can help alot, since they will address things like healthy activity and learning control of his body.

Special needs require about 4 times as much consistancy, being consistant is tough with a normal kid.. lol.

Medical records to show the severity of his condition will be handy, and he'll probably require an evaluation by a therapist, to establish just how difficult he is to deal with, and the degree of care he best needs in order to learn the same education as his peers.

Hope that helps!
You need to ante up the cash for a Psychologist to evaluate your son with an eye towards procuring a perscription for a "504" plan. This is the correct track for help with severe ADHD. Insurance often covers it if the paperwork is submitted correctly.

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.

A. Medically documented findings of all three of the following:

1. Marked inattention; 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. There are actually two sets of conditions, one for children under 3, the other for children 3 to 18.






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, resulting from ADHD:


2. Marked impairment in age-appropriate social functioning.

3. Marked impairment in age-appropriate personal functioning.

each of these marked impairments (conditions resulting from ADHD is a good way to think of them), there must exist supporting documentation.

Supporting documentation, of course, includes:
medical findings - such as treatment notes written by a doctor, mental health professional, or staff professionals at a mental health facility.

How difficult is it for a child to be approved for disability benefits under the Social Security Administration's ADHD listing?



of the problem with winning disability approvals based on this impairment has to do with the subjective nature of how the Social Security Administration evaluates ADHD.


Exactly how are ADHD claims evaluated?

ith every claim for disability, a disability examiner at DDS (disability determination services) reviews a claimant's medical records and then, after speaking with an in-house consultant, makes a decision on the case.

With ADHD claims, however, the DDS consultant is not a medical doctor, but, rather, a Ph.D. level psychologist (although, at times, DDS will have on staff an M.D.--- a Psychiatrist---who performs essentially the same duties).


ver, unlike physical impairment cases, DDS psychologists rely greatly on the subjective observations of others, teachers primarily, to determine if a child has an impairment and, if so, whether or not the impairment is mild, moderate, or marked.

Observations of behavior, of course, are always open to interpretation, as opposed to objective clinical observations such as heart rate and blood pressure readings.


ctuality, the only objective standards for evaluating ADHD disability claims are as such: a student's school records and the results of standardized psychological testing.

And this bears out in nearly all instances. For whether or not a child is found eligible for disability benefits almost always depends on their academic status, i.e. how they well they are doing in school.



Why is the "school work" factor so important in ADHD cases?


For adults, this means the ability to work while earning at least a certain basic amount (the SGA income amount, which is currently $810.00 per month, gross). For children, this means being able to adequately perform age-appropriate activities, such as adequate functioning in school.

Therefore, to win an ADHD disability claim, it is not simply enough to be given an ADHD diagnosis.

To win disability benefits from the Social Security Administration based on this impairment, a child must have meaurable functional deficits, in the context of school performance.
Hi, I don't have an answer for your question! But I just wanted to tell you that I know how you feel! My Step daughter has severe ADHD too! And it is a metal disability! Lots of people do not recognize this and judge you that your a bad parent or your child is bad! People don't have a lot of information about ADHD! Then don't understand unless they have a child or work with a child closely with ADHD! There brains are not wired right and then can not think of consequence of there actions, only the here and now!
I know how you feel! Chin up and I hope you get the help you need! Take Care

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