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

Question

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.

I've read in the past through many different services that ADHD students who can not ride a regular bus can be put on a special education bus. When I brought it up last year, they refused to help me. Now, my son is being threatened with being expelled from the bus for the year because the bus garage supervisor does not like him. I know he acts out, but his bus driver has said twice he would NOT be written up (my older daughter witnessed that), only to have him turn around and write him up anyway.

Federal law mandates children with disabilities get access to services. Can ADHD be classified as a disability? And how?

Jolene- can you ask her how she got it classified? I'm not interested in getting a check (though, hey, that would be nice), but without a classification, they refuse to put him on a supervised bus with seat belts. Because of that, he gets into more trouble than he would with the added people watching him, and the benefit of having to sit in a seat belt. It just ticks me off that they're more than willing to kick a 7 year old off the bus for the year, than they are to help us get him on the right bus.

For starters, I know my son has ADHD. This is not something his school told me. It's something we've known since he was a toddler, and finally got professionally evaluated and diagnosed only after it was affecting his school severly. He IS on medication, and closely watched.

He is not a "bad kid", and we are NOT bad parents. We also do not lie to him. Where exactly did my post say anywhere that we lie to our child?

I'm not looking for judgement. I understand that about half the kids diagnosed with ADHD do NOT have it. Chris, however, is not one of them. In fact, we're looking at getting another evaluation done, because his doctors (yes, plural), and I feel that he might also be bipolar in addition to the ADHD.

I do know that in some kids have been put on disability based JUST on the ADHD. I also know that being disabled is NOT just described as not being able to breath, walk, or talk.

What I am looking for is an answer from people who actually know from experiance.

Answer 1

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.

Answer 2

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

Answer 3

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?

In all the 7 years I nanned, and countless years Ive been in child care (started with raising my brothers when I was just 8) Ive dealt with many children who had ADHD to a point that they couldnt learn and devlop in school. After a few months of getting to better know each situation (and through many months of trial and error) I found it honestly was easily controled with better, more consitant parenting and proper diet and exercise, and in some cases medication. I'd get him therapy, maybe consult a nutritionalist, and buy up all the parenting books you can for special needs children.

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.

Dont call the local department of education, or the school offices or any of that nonsense, if you're going to call anyone, call the state department of educational services. You can report maltreatment and issues directly to them, and they will investigate the matter and be better able to inform you.

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!

Answer 4

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).
you son would probably not qualify as disabled, imho.
you need to take him to a licensed, qualified, experienced counselor (and a cranial-sacral therapist and a laban movement therapist) and work on his behavior. if his behavior changed all these problems would go away. instead of looking towards the school, bus driver, etc for the solution, it will be better for you and your family to try to solve it within the family; with helping you son learn how to adapt better. yes, it can be done. no, it will not be free. move to a cheaper house, get cheaper cars, turn off the cable and whatever you have to do to afford the help your kid needs to survive in school.

Answer 5

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.

Good luck.

Answer 6

When we were having my daughter evaluated for ADHD, I had a conference with her teacher about the different things we could do for her. They gave her an I.E.P., and stated to me that because she had that she would qualify for SSI, extra tutoring if needed at no extra cost to me, different testing for big tests if it was needed, etc. I know in Fl they have the IEP and something called a 504 plan, I would start looking to see if they have those things for your son. Good Luck! Dealing with the school system here hasn't always been fun.

Answer 7

No, it's not a 'disability' by federal law. It's not even a disability by Michigan state law. Your best best is to have a full evaluation by a child psychotherapist. Did you know that Michigan has the highest reports of ADD and ADHD in the entire country?! It's the numerous drug companies that push doctors to Dx children with it so that the drugs have buyers! Honestly. I live in Michigan and my oldest son's teacher was visited by a drug rep....I am NOT kidding. They are even trying to get teachers to suggest it now. It's just sick. By the time my middle son was in pre-K, he was suggested he had ADHD, and I could have laughed myself silly. He is the most patient and engrossed child in things he takes interest in (turns out he does have Asberger's Syndrome, a mild form of Autism)

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.

Answer 8

i dont think adhd can be classified as a disablitly they may ask you to put your son in special classes to help him cope with the things that hes going throgh and you kno dont lie to him no more that would just make it worst and i kno that if you dont tell him i kno that he might not get in his head that there is something wrong but he does have a right to kno.all i can say is that i kno its going to be hard for all of you its not just the parents that suffer from adhd so dont think its just you. as adults. and dont think of your child as disabled treat him or her just as you would anyother child. i would let him or her grow up just as everyone else around them. dont treat them any different than another child ok

Answer 9

yes my friends' son has it bad and gets a disability check for it

Answer 10

In Social Security's Listing of Impairments manual there is a special section for ADHD, more specifically referred to as Attention Deficit Hyperactivity Disorder. The disability listing 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. There are actually two sets of conditions, one for children under 3, the other for children 3 to 18.

We'll only discuss the "B" criteria for the latter group since children under 3 have such a limited chance of approval based on the ADHD disability listing.





Getting awarded social security benefits for ADHD


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:


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.

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.
historical information from parents and teachers - such as teacher reports and evaluations.
The results of standardized testing - such as achievement testing and IQ testing.

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


In all candor, it is somewhat difficult.

Part 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?


As with 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).

To a large extent, Psychological consultants at DDS do exactly what their medical consultant counterparts do. They read a claimant's records and render a professional opinion---one which may or may not be in agreement with the assessment made by the disability examiner. (In instances where there is disagreement, it is left to the disability examiner to "rethink" his or her analysis of how a claimant's case should be decided.)

However, 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.

The short-comings of this kind of system are readily apparent: DDS psychologists develop an opinion about a claimant's social security case based on the recorded opinions of other individuals and then use that amalgamated opinion to determine if a claimant is eligible to receive disability benefits...or not. In many people's eyes, this type of evaluation system has all the legitimacy of a rumor twice removed.

In actuality, 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?


It is important for the same reason that the ability (or inability) to work is so important in adult cases. The social security disability system is not really concerned with a claimant's diagnosed condition, but rather the effect that the condition has on a claimant's ability to engage in certain specific activities.

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.