How Do You Evaluate Whether Your Child's SSI Case is Viable?
Posted Nov 14 2008 7:52pm
I recently received the following email from a reader of this blog:
I am just wondering if I am wasting my time, my son has been diagnosed adhd for about 4 years now, I think its more but we havent gotten there yet. He is in regular classes but is also in resource at school, he also had to be held back a grade due to his problems the first year being diagnosed. Would he possibly qualify at all for disability benefits.
Jonathan Ginsberg's response: In order to win a child disability case, you will need to show that your child meets a Listing. The Listings for children are different than the Listings for adults. You can review the childhood disability listings by clicking on the link.
The Listing for ADHD may be found at Listing 112.00 Mental Disorders-Childhood. I can tell you from experience that you will have an uphill battle with an ADHD claim. There are a lot of parents out there who are filing disability claims on behalf of children and basing their claims on ADD or ADHD. That is not to say that ADD or ADHD is not real or that it is not debilitating for your child. I just want you to know that judges and medical experts called at hearings will be skeptical.
I would not recommend pursuing an ADHD claim on your own - you will be benefit greatly by consulting with an experienced disability lawyer. Best of luck to you.