Help from the government?
Q. My 17-year-old has ADHD and has trouble following or remembering instructions. I worry about his being able to hold down a job. Can you tell me if he is eligible for government disability?
If your son has an IEP, it should include a “transition plan” to prepare him for college or for vocational training after high school. If the school hasn’t formulated a plan, ask for a meeting with your school’s Committee for Special Education, immediately, to find out why. In addition, I would suggest arranging for therapy and coaching for your son, which will enable him to take care of himself after he graduates from school.
If his symptoms are so severe that he can’t hold down a job, he may have a co-occurring condition or a learning disability. If so, he may qualify for governmental support under the Supplemental Security Income (SSI) program, which pays benefits to disabled adults and children who have limited income and resources. Refer to the “Listed Impairment” section on the Social Security website (ssa.gov), to determine whether his specific disabilities qualify him for services. These may include vocational training, support for psychiatric services, and coverage of medication.
If your son qualifies, you will need documentation of his diagnosis, as well as school records to establish the severity of his condition. While I can’t guarantee that services will be granted, having a paper trail to document your claim will prove helpful.
Ineligible for a 504 Plan
Q. My son was recently diagnosed with ADHD, and I requested a 504 Plan for him. The vice-principal said that he isn’t eligible because he’s taking medication, which, he says, “cures the problem.”
First, medication does not “cure” ADHD. In most cases, an effective medication program manages many, but not all, ADHD symptoms. Second, no law states that a child who takes ADHD medication is ineligible for a 504 Plan.
While an ADHD diagnosis, or a diagnosis of any other disability, does not automatically qualify your son for services and/or reasonable accommodations, he is eligible for support if his ADHD symptoms significantly limit a major life activity, such as his ability to learn. You must prove and document the fact that medication isn’t managing all of his symptoms, and that he needs a 504 Plan.
Rejected—because of ADHD
Q. My ADHD son was rejected or wait-listed by the 13 schools that he applied to, despite high test scores. I think it’s because we mentioned his ADHD on the applications. One administrator had the gall to say that they rejected my son because he takes medication.
The Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (504), and the Americans with Disabilities Act (ADA) are intended to prevent discrimination against individuals with disabilities. If the schools receive funding from the federal government, it would appear that they have discriminated against your son. However, an insensitive employee’s words may not reflect the school’s actual policy. If you don’t have written documentation of the school’s position, discrimination against your son may be difficult to prove in a court of law.
Consider whether or not a school with such beliefs would be the right fit for your son. I would seek an institution that welcomes the challenges your son’s disability brings, and offers services and support to help him meet them. In the meantime, you can report the incident to the Board of Trustees of the offending institutions and/or the U.S. Department of Education.
