ADHD Disability Benefits Canada | Comprehensive 2024 Guide

Living with Attention Deficit Hyperactivity Disorder (ADHD) can be overwhelming. If you’re finding it difficult to work due to ADHD symptoms, please know that you’re not alone—and there is help available.

At Samfiru Tumarkin LLP, we understand the challenges that ADHD can bring to your daily life and career. Our goal is to support you in navigating the complex world of disability benefits in Canada, ensuring you have access to the support you’re entitled to.

1. What is ADHD?
2. Types of ADHD
3. Who Does ADHD Affect?
4. What Causes ADHD?
5. Is ADHD a Disability in Canada?
6. ADHD Disability Benefits for Adults in Canada
7. How to Apply for ADHD Disability Benefits
8. Common Reasons for Denial of ADHD Disability Claims
9. What to Do If Your ADHD Disability Claim is Denied
10. FAQs
11. Expert Support for Your ADHD Claim

What is ADHD?

Attention Deficit Hyperactivity Disorder (ADHD) is a neurodevelopmental disorder that affects both children and adults. It’s characterized by patterns of inattention, hyperactivity, and impulsivity that are more severe than typically observed in individuals at a comparable level of development.

Symptoms of ADHD

People with ADHD may experience a range of symptoms that can vary in intensity:

Inattention: This includes difficulty focusing on tasks, becoming easily distracted, forgetfulness in daily activities, and challenges with organization and time management.
Hyperactivity: Symptoms may involve constant movement, fidgeting, an inability to stay seated, excessive talking, and a general sense of restlessness.
Impulsivity: This can manifest as hasty actions without considering consequences, interrupting others frequently, and difficulty waiting for turns in conversation or activities.

These symptoms can significantly impact various aspects of life, including work performance, relationships, and overall well-being.

Learning difficulties
Sleep problems
Low self-esteem
Relationship issues
Emotional dysregulation
Co-occurring mental health conditions like anxiety and depression

Types of ADHD

ADHD isn’t a one-size-fits-all condition. Understanding the different types can help in managing the symptoms more effectively.

Predominantly Inattentive Presentation

In this type, hyperactivity and impulsivity are the main challenges. Individuals may find it hard to sit still, may interrupt others frequently, and often act without considering the consequences.

Predominantly Hyperactive-Impulsive Presentation

This is the most common form of ADHD, where individuals display a mixture of inattentive and hyperactive-impulsive symptoms. The combination can make daily activities and interactions particularly challenging.

Combined Presentation

Understanding which type of ADHD you have can be crucial in finding the most effective treatment and management strategies.

Who Does ADHD Affect?

ADHD affects individuals across all ages, genders, and backgrounds in Canada.

Children and Adolescents

Approximately 5% of Canadian children are diagnosed with ADHD. Symptoms often become noticeable around the age of seven. Early diagnosis and intervention can make a significant difference in a child’s academic and social development.

Adults

Around 2.5% of Canadian adults live with ADHD. For some, symptoms persist from childhood, while others may not be diagnosed until adulthood. Adults with ADHD may face challenges in employment, relationships, and managing daily responsibilities.

It’s important to recognize that ADHD is not limited by gender, although it is often diagnosed more frequently in boys during childhood. In adults, the prevalence between men and women is more balanced. Many individuals remain undiagnosed, leading to unnecessary struggles that could be mitigated with proper support.

What Causes ADHD?

The exact cause of ADHD isn’t fully understood, but research suggests a combination of factors contribute to its development:

Genetic Factors: ADHD tends to run in families, indicating that genetics play a significant role. If a close relative has ADHD, there’s a higher chance that you might experience it as well.
Brain Structure and Function: Studies have shown differences in certain areas of the brain in individuals with ADHD. These differences can affect neurotransmitters, which are chemicals that help transmit signals in the brain, impacting attention and impulse control.
Environmental Factors: Exposure to certain environmental elements during pregnancy or at a young age may increase the risk of developing ADHD. Factors include prenatal exposure to alcohol or nicotine, low birth weight, and exposure to lead.
Neurodevelopmental Disruptions: Any disruptions in brain development during critical periods may contribute to ADHD symptoms. This could be due to premature birth or other complications during pregnancy or delivery.

Is ADHD a Disability in Canada?

Yes, ADHD is considered a disability in Canada, especially when it significantly impairs an individual’s ability to function at work or in daily life.

Legal Recognition

Under the Canadian Human Rights Act, ADHD is recognized as a disability. This means individuals with ADHD are protected from discrimination and are entitled to reasonable accommodations in educational and workplace settings.

Employment Rights

Employers are required to provide accommodations that enable employees with ADHD to perform their job effectively. This can include flexible work schedules, modified tasks, or additional support and resources.

However, eligibility for disability benefits isn’t based solely on having a diagnosis of ADHD. To qualify for specific disability benefits, you must demonstrate that your condition severely impacts your ability to work and meets the criteria outlined in the benefit plan or program.

ADHD Disability Benefits for Adults in Canada

If ADHD symptoms prevent you from working, you may be eligible for several types of disability benefits in Canada. Understanding these options can help you access the support you need.

Employment Insurance (EI) Sickness Benefits

EI sickness benefits provide temporary financial assistance if you’re unable to work for medical reasons.

Duration: Up to 15 weeks of financial support.
Eligibility: You must have worked the required number of insurable hours and provide a medical certificate confirming your inability to work.
Application: Submit an application online or at a Service Canada office as soon as you stop working.

Short-Term Disability (STD) Benefits

STD benefits are typically provided through employer-sponsored insurance plans.

Duration: Usually covers up to 17 weeks, but this can vary.
Eligibility: Check your employer’s benefits plan. A medical certificate is required.
Application: Obtain forms from your employer or insurer, and submit all required documentation promptly.

Long-Term Disability (LTD) Benefits

LTD benefits offer extended financial support if you’re unable to return to work after STD or EI benefits run out.

Duration: Can last for several years, often until age 65 or until you’re able to return to work.
Eligibility: Must meet your insurer’s definition of “totally disabled.” This often means you cannot perform your own job or any suitable employment based on your education, training, and experience.
Application: Requires detailed medical evidence and may involve assessments by the insurer.

Canada Pension Plan (CPP) Disability Benefits

Individuals with severe and prolonged ADHD symptoms who are unable to work may qualify for Canada Pension Plan (CPP) disability benefits. Provided by the federal government, CPP disability benefits offer long-term financial support to Canadians who have contributed to the CPP and cannot maintain employment due to a severe and prolonged disability.

In 2024, monthly payments range from approximately $600 to $1,700, depending on your previous contributions and other factors.

Eligibility: Must have contributed to CPP for a minimum number of years and be under the age of 65.
Definition of Disability: The disability must be both severe and prolonged, meaning you cannot work at any job on a regular basis.
Application: Involves a detailed application and medical report submitted to Service Canada.

Disability Tax Credit (DTC)

ADHD can qualify for the Disability Tax Credit (DTC) in Canada if it severely impacts daily functioning. The DTC is a non-refundable tax credit that reduces the income tax you owe. However, adults may face more challenges qualifying than children due to developed coping mechanisms.

Eligibility: Must have a severe and prolonged impairment in physical or mental functions, as certified by a medical practitioner.
Benefit: Reduces the amount of income tax you may have to pay, acknowledging some of the additional expenses related to your disability.
Application: Requires Form T2201 to be completed by you and your medical practitioner and submitted to the Canada Revenue Agency.

Provincial Disability Benefits

Each province offers its own disability assistance programs.

Eligibility: Generally based on financial need and the severity of your disability.
Benefits: Can include income support, health benefits, and employment support services.
Application: Process varies by province, typically involving an application form and medical assessment.

How to Apply for ADHD Disability Benefits

Applying for short-term or long-term disability benefits due to ADHD involves several important steps. Careful preparation can improve your chances of a successful claim.

1. Obtain a Formal Diagnosis

See a psychiatrist, psychologist, or other qualified healthcare provider to get an official ADHD diagnosis. Ensure the assessment covers your medical history, symptom severity, and how symptoms affect your daily life.

2. Document Your Symptoms and Impact on Work

Record how ADHD symptoms affect your ability to perform your job duties, through a journal or diary. Gather all relevant medical documents, including test results, treatment plans, and doctor’s notes.

3. Follow Prescribed Treatment Plans

Engage in all recommended therapies, whether medication, counseling, or behavioral strategies. Keep records of appointments, medications taken, and any side effects experienced.

4. Communicate with Your Employer

Discuss possible workplace accommodations that could help you perform your job. Keep a record of all communications with your employer regarding your condition and any accommodations provided.

5. Complete Application Forms Thoroughly

Provide comprehensive answers to all questions on the application forms. Double-check all information for accuracy before submission.

6. Submit Supporting Documentation

Attach medical records, letters from healthcare providers, and any other evidence that supports your claim. Make it easy for the reviewer to find and understand your documentation.

7. Meet All Deadlines

Be aware of all application deadlines for the specific benefits you’re applying for. Submit your application as soon as possible to avoid delays.

8. Follow Up on Your Application

Check the status of your application periodically. Provide any additional information requested by the benefit provider promptly.

9. Get Legal Advice

If you’re unsure about the process or face challenges, get invaluable professional guidance from our team.

Contact the ADHD disability lawyers at Samfiru Tumarkin LLP for a FREE consultation if your STD or LTD claim is denied by the insurance company.

Our experienced legal team specializes in disability benefits. We can help you navigate the process and improve the chances of your claim for benefits being approved.

Further enhance your long-term disability claim. Watch this short video where we share three effective ways to make your application stronger:

Applying for disability benefits can be overwhelming, but taking it step by step can make the process more manageable. Remember, it’s okay to ask for help along the way.

Common Reasons for Denial of ADHD Disability Claims

Disability claims for STD or LTD due to ADHD may be denied for several reasons:

Insufficient Medical Evidence

Claims are frequently denied due to a lack of comprehensive medical documentation.

Solution: Provide detailed medical records, including diagnosis, treatment plans, and letters from healthcare providers explaining how ADHD affects your ability to work.

Not Meeting the Definition of Disability

Each benefit program has specific criteria for what constitutes a “total disability.” This is a misleading term created by insurance companies. It simply means that your insurer believes you don’t meet the criteria for disability benefits, and that you are still capable of performing your job despite the impact of ADHD.

Solution: Ensure you understand the criteria and clearly demonstrate how your condition meets these requirements in your application.

Non-Compliance with Treatment

Failing to follow prescribed treatments without a valid reason can lead to denial.

Solution: Follow and document all recommended treatments. If you can’t follow a treatment due to side effects or other issues, have your doctor note this in your records.

Pre-Existing Condition Exclusions

Some insurance policies exclude coverage for conditions that existed before the policy started.

Solution: Review your policy to understand any exclusions.

Incomplete or Inaccurate Applications

Errors or omissions in your application can result in denial.

Solution: Double-check all sections of your application for completeness and accuracy. Consider having someone else review it before submission.

Missed Deadlines

Failing to submit your application or required documents on time can automatically disqualify you.

Solution: Keep track of all deadlines and submit materials promptly.

These are some of the common reasons your insurer may give for denying your ADHD disability claim. If your claim is denied for any reason, get a free consultation with a disability lawyer to learn how to get your benefits.

What to Do If Your ADHD Disability Claim is Denied

Receiving a denial can be discouraging, but it’s important to remember that you have options.

1. Review the Denial Letter Carefully

The letter should outline why your claim was denied. Knowing the specific reasons can help you address them effectively.

2. Gather Additional Evidence

Obtain recent evaluations or additional statements from your healthcare providers that address the denial reasons. If there were misunderstandings or missing information, provide explanations or additional documentation.

3. Consult a Disability Lawyer

Before filing an appeal, consult with an experienced disability lawyer at our firm who specializes in disability claims. Samfiru Tumarkin LLP can help you decide whether to appeal internally, file a lawsuit, or take other actions.

Watch this video to learn why hiring a disability lawyer can make a difference in your case:

4. Avoid Immediate Appeals Without Legal Guidance

Internal appeals are often handled by the same company that denied your claim and may not be in your best interest. In fact, they are rarely successful. Insurers profit by denying you access to your disability benefits and keeping your money.

There are strict time limits for taking legal action, so it’s important to act promptly.

5. Continue Following Medical Advice

Keep attending appointments and following treatment plans. This shows ongoing commitment to managing your condition. Maintain records of all medical visits, treatments, and any correspondence related to your claim.

6. File a Legal Claim

If appropriate, your Samfiru Tumarkin LLP disability lawyer may advise taking legal action against the insurer to secure the benefits you’re entitled to. Legal processes are often the most effective way to achieve a positive outcome.

Facing a denial can be stressful, but with the right support and information, you can navigate this challenge more effectively. That is why it’s crucial to get the right legal advice before appealing your insurer’s decision. An experienced disability lawyer at Samfiru Tumarkin LLP can help you determine the best course of action.

Join Thousands Who Have Achieved Positive Results

Many clients have successfully resolved their claims with the help of our expert legal team. Now it’s your turn. Let’s work together to get the outcome you deserve—reach out to us today.

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Frequently Asked Questions

Below are some frequently asked questions to help you understand more about the ADHD disability benefits process. Find more answers in our full LTD FAQ section.

Is ADHD Considered a Disability in Canada?

Yes, ADHD is recognized as a disability in Canada. Individuals with ADHD may qualify for various disability benefits if the condition significantly impairs their ability to work or perform daily activities.

Is ADHD a Disability in Ontario?

Yes, ADHD is recognized as a disability in Ontario. Individuals experiencing significant challenges due to ADHD may be eligible for short-term and long-term disability benefits through private insurance or the Ontario Disability Support Program (ODSP). Both evaluate how ADHD affects your daily functioning and ability to work to determine eligibility for assistance.

Is ADHD a Disability in Alberta?

Yes, in Alberta, ADHD is recognized as a disability. Individuals who face significant difficulties due to ADHD may qualify for short-term or long-term disability benefits through private insurance or the Assured Income for the Severely Handicapped (AISH) program. Eligibility is based on how much ADHD interferes with your daily activities and ability to work.

Is ADHD a Disability in B.C.?

Yes, ADHD is considered a disability in British Columbia. Those experiencing substantial challenges because of ADHD might be eligible for short-term and long-term disability benefits via private insurance or the provincial Disability Assistance Program. Eligibility is determined by assessing how ADHD impacts your everyday functioning and capacity to maintain employment.

Is ADHD a Permanent Disability?

ADHD is considered a chronic condition that can persist throughout a person’s life. If it significantly impairs your ability to work or perform daily activities, it can be recognized as a permanent disability for the purposes of disability benefits.

Can Adults with ADHD Qualify for Disability Benefits in Canada?

Yes, adults whose ADHD symptoms severely affect their ability to work may qualify for various disability benefits, including EI sickness benefits, STD, LTD, CPP disability benefits, and the Disability Tax Credit.

How Long Does the Disability Benefits Application Process Take?

The timeline varies depending on the type of benefit and the completeness of your application. It can range from several weeks to a few months. Prompt submission of all required documents can help speed up the process.

Do I Need a Lawyer to Apply for Disability Benefits?

While you can apply on your own, consulting a disability lawyer at Samfiru Tumarkin LLP can significantly improve your chances of approval, especially if your case is complex or has been previously denied.

What If I Have Other Health Conditions Along with ADHD?

Co-existing conditions like anxiety or depression can strengthen your claim, as they may compound the impact on your ability to work. Be sure to include information about all relevant health issues in your application.

Are There ADHD Grants Available in Canada?

Yes, various grants and funding opportunities exist to support individuals with ADHD, particularly for education and treatment. Eligibility and availability may vary, so research programs specific to your region.

What If My Employer Denies Accommodations for My ADHD?

Employers are legally required to provide reasonable accommodations, even if it is difficult or costly to do so. If they fail to accommodate, you may have grounds for wrongful dismissal and a human rights complaint. Contact us to explore your options in Ontario, Alberta or B.C.

Resources and Support

Centre for ADHD Awareness, Canada (CADDAC): www.caddac.ca
Canadian ADHD Resource Alliance (CADDRA): www.caddra.ca
Government of Canada – Disability Benefits: www.canada.ca/disability-benefits

Contact Us for a Free Consultation

You’re not alone in this journey.

Living with ADHD can be challenging, and obtaining the disability benefits you’re entitled to shouldn’t add to your stress. At Samfiru Tumarkin LLP, we’re here to listen, support you, and advocate for your rights—ensuring you receive the compensation you’re entitled to.

Our compassionate team of experienced disability lawyers understands the complexities of ADHD disability claims in Canada. Some of our lawyers have previously worked for insurers; we know how they think, why they deny certain disability claims, and how to successfully navigate the system on your behalf.

Samfiru Tumarkin LLP is a nationally recognized leader in insurance and disability law, dedicated to informing Canadians of their rights through:

The Disability Law Show on TV and radio
Insightful livestreams
Over 1,000 media interviews
Comprehensive resources, such as FAQs on long-term disability and guides on how to apply for different medical conditions.

We’re proud to have helped clients like you overcome these obstacles and obtain the benefits they needed. Here are some of their stories:

Sandra Bullock’s Triumph After $5.3M Legal Claim

Her long-term disability coverage was reinstated after we took legal action against Sun Life. Learn more.

Teacher Secures Six Figures in Disability Benefits

We successfully won compensation for Julie after she suffered a brain injury in a student assault. Follow her saga.

Nova Scotia Man Challenges Paralysis Claim Denial

Mitch’s insurer, SSQ, said he wasn’t “totally disabled” despite his spinal fracture. We took on his case.

Mother Battles Insurer While Daughter in Palliative Care

We helped Amanda after her insurer denied her mental health benefits. Discover her story.

Whether you’re struggling to get approved for benefits, appealing a denial, or dealing with a claim cut-off after two years, we’re here to assist you. Contact us today for a free consultation and find out how we can support you through the process and protect your rights. Our services extend across all Canadian provinces, excluding Quebec.

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