30Apr

Social Security admits my son has ADD, but they still deny him

By , April 30th, 2008 | ADD | ADHD | 7 Comments

A mother called me recently. She was upset that Social Security had denied her son, even though the denial admitted that he has ADD (Attention Deficit Disorder).

How can Social Security deny him, if they admit he has ADD?

I explained that the diagnosis is only the first step in the Social Security evaluation process. While Social Security requires a medically determinable impairment, basically a diagnosed condition to explain the individual’s symptoms, the diagnosis itself is usually not enough to get a person approved for Social Security benefits.

The reason for this is, except for certain conditions, a diagnosis does not describe the severity of that condition. The child might have extremely severe ADD, or the child might have very mild ADD. If the condition is extreme, the child may be approved, but if the condition is mild, the child may be denied.

After discussing the severity of the child’s ADD, I encouraged her to come in to my office so we could continue to talk about her son’s case. I believe we may be able to show Social Security how the child’s ADD manifests itself and that the condition is severe and disabling. But, it is these next steps (nature of symptoms and the severity of those symptoms) which Social Security will use to determine if the child is disabled, not just the diagnosis.

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.
  • http://www.attention-deficit-disorder.net Justin

    attention deficit disorder at http://www.attention-deficit-disorder.net. It may take quite some time to cure, but it’s definitely a good try.

  • Autismmommy

    ADD is not autism???

  • http://www.SocialSecurityInsider.com/ TomaszStasiuk

    Here is a site that answers your question: http://blogs.nlb.gov.sg/ask/adults/147

  • Autismmommy

    ADD is not autism???

  • http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

    Here is a site that answers your question: http://blogs.nlb.gov.sg/ask/adults/147

  • http://www.whatsmyasbestosclaimworth.com asbestos law

    how stressful for the mother involved. I understand why the process is in place but for those involved it must be a source of much frustration and uncertainty

  • Angelacawein

    That is true, but ADD and ADHD depending on how severe it is, is challenging and takes a lot out of you. I have three boys and one of the three have been diagnosed with ADHD and the other ADHD and Tourette syndrome. My oldest son is now 19 years old, but has been on medication since he was 5 years old. My youngest son is 7 and has been on meds since he was 2 years old. If it wasnt for the medication, therapy, and knowledge of the disorder, I am not sure what would have happened. I can tolerate it, the behaviors and ect only because of this. I even went as far as to sit next to my oldest son”s desk, for almost three months, when he was in the second grade so he could sit in the classroom and get an education like all the other students. The teacher did not want to deal with him so she would put him out in the hall way. This had went on for several months, I showed up unannounced one day and found him running up and down the halls. I then found out when she knew I was coming, my son would be in class. When I wasnt, he was put out of the classroom with his desk. He was impulsive, hyperactive, but also had voice and motor tics. I can understand that it is hard to teach when you have a student that is distracting, but at the same time when it is something they cannot control, it is heart breaking.

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