While ADHD can mean increased creativity and enhanced problem-solving capabilities, it can also mean difficulty performing work-related duties. But is ADHD a disability in Canada?
Yes, it most certainly is, and receiving disability benefits for ADHD can have a number of benefits, particularly during the early diagnosis period. This guide is meant to give you an overview of the types of benefits you may qualify for and the challenges you will face.
Because you are reading this guide, we know you are on the right path. Educating yourself with an ADHD disability lawyer by your side is the single most important thing you can do to improve your chances of success with any disability claim.
Is ADHD a Disability in Canada?
We get asked, “Is ADHD considered a disability in Canada?” more often than you can imagine, and we’re pleased to see that the Canadian government acknowledges ADHD as a disability in the sense of providing disability benefits.
It’s important to note that many disability benefits programs in Canada do not grant benefits solely on the basis of a medical diagnosis. Rather, they assess benefits based on the extent of disability resulting from the medical condition.
To qualify for benefits, it is necessary to demonstrate that the level of disability resulting from ADHD aligns with the eligibility criteria of the specific disability benefits plan in question.
If you have additional inquiries about disability benefits and the conditions that may qualify, feel free to explore our article on what qualifies for disability in Canada or check out the articles below:
Employment ADHD Rights in Canada
In Canada, individuals with ADHD have specific employment rights designed to promote fair treatment in the workplace. The Canadian Human Rights Act prohibits discrimination based on disability, including ADHD. This means that employers must provide reasonable accommodations to enable individuals with ADHD to perform their job duties effectively.
These accommodations may include flexible work schedules, modified tasks, or additional support. It’s crucial for individuals with ADHD to communicate their needs to their employers, fostering an inclusive work environment where everyone can contribute their skills and talents without facing unjust discrimination.
Need an ADHD disability lawyer?
Securing disability benefits for adults with ADHD in Canada can be a lengthy process. Seeking assistance from an experienced long term disability lawyer can be invaluable.
Schedule a free consultation today to explore how Resolute Legal can support you in acquiring ADHD disability benefits.
ADHD Disability in Canada 2024
In this comprehensive guide, we will dissect the landscape of ADHD disability benefits in Canada, examining the specific provisions available for adults and children alike, navigating through the intricacies of the benefits. As we unfold the layers, we’ll also explore provincial benefits. Join us on this journey as we unravel the intricacies of ADHD disability benefits, providing insights and clarity at every turn.
ADHD Disability Benefits For Adults in Canada
If you have an ADHD diagnosis and are unable to work because of the ADHD symptoms, there are several avenues to explore. You may qualify for disability benefits either through government assistance, your employer, or your insurance provider.
Outlined below are potential disability benefits for adults with ADHD in Canada:
- Disability tax credit
- Long-term disability insurance
- Short-term disability insurance
- CPP disability
- Employment Insurance (EI) sickness benefits
- Canada disability benefit (CDB)
- Workers’ Compensation
- Veterans Affairs Canada
- Provincial disability benefits
ADHD disability tax credit
Does ADHD qualify for disability tax credit in Canada? Yes!
The Disability tax credit for ADHD is a non-refundable tax credit designed to assist individuals with disabilities or their supporting family members in reducing their potential income tax liability. Individuals with severe and long-term impairments can apply for the credit, and upon approval, they can claim it during tax filing.
The DTC aims to alleviate some of the additional expenses associated with the impairment by minimizing the amount of income tax payable.
You must meet all three criteria below:
- You are unable to perform mental functions necessary for everyday life, or it takes you three times longer than someone of similar age who does not have the impairment (even with appropriate therapy, medication, and devices)
- Your impairment is present all or almost all of the time (generally 90% or more)
- Your impairment has lasted or is expected to last for a continuous period of at least 12 months
ADHD and long term disability
Predictably, long-term disability (LTD) benefits extend over an extended duration. Successfully claiming LTD can result in payments that endure for numerous years, with policy specifications often indicating a set timeframe—such as 2, 5, or 10 years—or until a designated age, typically around 65.
LTD payments commonly cover a range of 50-67% of your monthly salary, with some covering between 60 and 70%, and are disbursed on a monthly basis, as opposed to the bi-weekly frequency of short-term disability (STD) benefits. The majority of LTD benefits emanate from group plans or private policies.
If your workplace provides a group medical plan, it’s advisable to check for the inclusion of LTD benefits. Similarly, if you belong to a union, the associated medical plan is likely to encompass LTD coverage. Alternatively, for those who are self-employed or inadequately insured, private insurance policies offer another avenue. Payments under private policies are typically fixed, though occasionally they may be a percentage of your earnings.
To initiate an LTD claim, you must complete forms and submit them to the insurer. This process typically involves three forms—one for you, one for your employer, and one for your doctor. It is crucial to ensure timely submission, as the insurer will not render a decision until all required forms are received.
In the event of a denial, an appeal is possible, mirroring the process for an STD claim. Many LTD plans permit two to three internal appeals before necessitating an appeal hearing with an external judge or resorting to legal action.
Be sure to read up on our guides on what is long term disability and long term disability denials for more information.
ADHD short term disability
Short-term disability (STD) benefits pay 50-67% of your regular salary, and you can usually get them for 15-17 weeks, but sometimes longer. You’ll typically receive payments every two weeks.
Employers offer these benefits either through the company or a group insurance policy. In both cases, employers hire an outside agency to run the program on their behalf.
You only qualify if you have a plan through your job, and not all employers offer this to their employees. If your employer doesn’t, you might be able to get employment insurance (EI) sickness.
If you qualify for STD, then you won’t qualify for EI. If you can get STD payments, you have to apply for those instead of EI.
You apply by getting the forms from your employer or the insurance company. The application includes three forms — one for you, one for your doctor, and one for your employer. It’s up to you to get all the forms back to the insurer.
If your application gets denied, you can ask for a review. This is called an internal appeal. When appealing short term disability denial, your claim gets reviewed by someone else in the company. You can have three or four of these appeals. After that, you may have to appeal to an outside judge or file with the courts, but your options will depend on your situation.
Additional reading: What is short term disability
Don’t forget; if you need assistance with a short term disability claim for ADHD, our short term disability attorneys are here to assist you.
ADHD Canada pension plan disability (CPP)
CPP disability benefits for ADHD offer long-term disability payments for Canadians who cannot work due to a severe and prolonged disability.
If you qualify, then you can get paid until age 65. Currently, CPP disability payments in 2024 range from $583.32 to $1,606.78 per month. The amount is based on how much you paid into the program — the more you contribute, the more you’ll get back. Like with EI, if you had a job with a paycheque, you paid into CPP.
To qualify for CPP disability, you must have the right amount of credits. You can get credits by credit splitting with a former spouse or paying into another country’s pension plan. Or, you can qualify for credits if you leave work to raise a child.
It’s relevant to know that you can get LTD and CPP at the same time. The LTD insurer usually has the right to offset your payments by the same amount. For example, if you get $900 from CPP disability, your insurer can reduce its payment by $900 for the same month.
Even with enough credits, you still need to prove that your disability is “severe and prolonged.” A severe disability prevents you from regularly working a paying job, while a prolonged disability has little hope for improvement.
You apply for CPP disability for ADHD, you can do so either online or by using a paper form. In your CPP disability application, your doctor or nurse practitioner will have to fill out the medical report. Then, you send your application to your province’s designated Service Canada office.
If Service Canada denies your claim, you can appeal on two levels. The first is a reconsideration appeal. You must request this appeal within 90 days of denial. If denied again, then you appeal to the Social Security Tribunal. The deadline is 90 days as well.
A judge or a three-person panel at the tribunal will decide your claim, and you can attend the hearing to give evidence and answer questions.
If you need support with your CPP application, our CPP disability lawyers will be here to help.
ADHD Employment Insurance (EI) sickness benefits
Employment Insurance (EI) sickness benefits serve as provisional disability support, disbursed under the federal government’s employment insurance (EI) initiative, encompassing 55% of your salary for a duration of 15 weeks.
Note that for 2024, the maximum amount of insurable earnings is $63,200 per year, so the maximum you can receive is $668 per week.
These benefits prove invaluable for individuals contending with heightened ADHD symptoms, affording them the necessary time to manage and stabilize their condition. For instance, someone may opt for EI benefits during the adjustment period to a new medication.
Eligibility hinges on recent contributions to the EI program, facilitated through automatic deductions from paycheques. As long as you receive an official paycheque, you are likely contributing to the EI program.
To initiate an application for EI benefits, people with ADHD can apply online, either from the comfort of your home or at any Service Canada office. A crucial aspect involves your doctor completing a form affirming your incapacity to work for the 15-week coverage period. Additionally, your employer must furnish a Record of Employment (ROE) to corroborate your sick leave.
It’s imperative to bear in mind that simultaneous claims for EI benefits and short-term disability are not permissible if you qualify for the latter.
ADHD Canada Disability Benefit (CDB)
The Canada Disability Benefit Act became law when it received Royal Assent on June 22, 2023. The Act provides the framework for a new Canada Disability Benefit. This benefit is being created to reduce poverty and support the financial security of working-age people with disabilities.
The CDB Act does say that the definition of disability will have the same meaning as the Accessible Canada Act’s definition of disability, which is:
“disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent, temporary or episodic in nature or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society.”
Check our guide on who is eligible for the new Canada disability benefit to learn more.
ADHD Worker’s Compensation
Workers’ compensation benefits in Canada is a form of assistance available to those who have experienced a workplace injury or illness. Each province and territory in Canada has its own workers’ compensation board, such as WSIB in Ontario, overseeing the administration of these benefits.
Eligibility requires employment with a covered employer and experiencing a work-related injury or illness. If qualified, individuals can receive disability income payments until age 65 or beyond, along with potential additional benefits covering healthcare, equipment expenses, and compensation for pain and suffering.
Since ADHD meets the criteria of a disability in Canada, schools and workplaces are required to provide reasonable accommodations to those with ADHD.
ADHD VA disability
The VA does not assign a disability rating, a percentage reflecting the degree of disability, to ADHD, a condition linked to a veteran’s service. As ADHD is not legislatively recognized, obtaining compensation for this diagnosis can be challenging.
If you need assistance claiming for any of the benefits we’ve discussed above, get in touch with us for a free consultation today.
ADHD Child Disability Benefits
In general, children with ADHD are often diagnosed later due to the absence of hyperactivity symptoms, making it challenging to recognize typical attention deficit indicators. Consequently, undiagnosed kids may perform poorly in school, facing challenges in focusing that might be perceived as inefficiency by both parents and teachers.
With this in mind, specific programs are available to help children and their families affected:
- Child disability tax credit
- Child disability benefit (CDB)
Please note Resolute Legal does not represent disability claims involving children.
Provincial ADHD Government Benefits in Canada
Various ADHD grants in Canada and financial assistance programs are available in the different provinces to support individuals. These grants aim to alleviate the economic challenges associated with managing ADHD by providing financial aid for treatment, educational support, and related services.
While specific grant programs may vary across provinces and territories, the intention is to help individuals with ADHD access the resources they need to enhance their quality of life. These grants may cover a range of expenses, from educational accommodations to therapeutic interventions, contributing to the overall well-being and success of those living with ADHD in Canada.
One of the most widely known programs is the Ontario Disability Support Program (ODSP), but can you get ODSP for ADHD?
Yes, ADHD is recognized as an eligible condition for benefits under the ODSP. Individuals diagnosed with ADHD may qualify for financial assistance to address living expenses, including necessities like food and rent, as well as health benefits covering prescription drugs and vision care.
Furthermore, ODSP offers employment support to assist individuals with ADHD in finding and maintaining employment. The specific amount of financial aid is determined by the individual’s unique circumstances, ensuring that those with ADHD receive appropriate support tailored to their needs through the ODSP program.
How to Apply for ADHD Disability
Adults with ADHD have to work extra hard to prove they need and deserve disability benefits. Here are some key things to do throughout the claims process to improve your chances of wining ADHD disability benefits.
Appropriate medical diagnosis
An official medical diagnosis on its own won’t guarantee benefits; however, it is a critical part of the process. Without a diagnosis from a medical practitioner, you may find it very difficult to get any type of disability benefits. Furthermore, a lack of an official diagnosis can make it very difficult to establish ADHD as the reason behind your difficulties.
Appropriate treatment
As part of the disability claim process, benefits providers will look at what treatment you have received for ADHD and whether that treatment aligned with the accepted standards of treatment for your condition. Not getting the appropriate treatment is one of the most common reasons for a denial of benefits.
Failing to get the proper treatment can happen for two reasons:
- Either your doctor didn’t follow accepted standards for treatment, or
- You refused to participate in the treatment plan.
Even if you and your doctor believe that alternative methods may work better, you have to try the standard treatments to qualify for disability benefits. Otherwise, you leave the door open for someone to say that you could work if you had the right treatment.
Documented treatment plan
When you apply for ADHD disability benefits, you will need to show documentation of your current treatment plan. This includes your former treatment plans and how you intend to move forward with future treatment.
Insurance companies will never approve disability benefits for ADHD without a well-documented treatment plan. Your doctor may have a plan, but if it isn’t documented and communicated to the insurance company, then it’s the same as no plan.
If you can’t get appropriate treatment because you’re waiting for an appointment with a psychiatrist or psychologist, you can still be approved for disability benefits if your doctor has a well-documented treatment plan. The plan should include the fact that you’re waiting for a consultation with other specialists. It must also show that you’re doing all other recommended treatments in the meantime.
Medications and side effects
Are you taking medication for your ADHD or pursuing any other medically accepted treatment options?
Often, medical treatment for ADHD will mean using appropriate medications to help limit symptoms. If you aren’t using medication to deal with your ADHD symptoms, you may have trouble winning disability benefits.
Evidence of work-related limitations
With an invisible illness like inattentive ADHD, disability benefits providers place great emphasis on how hard you try to stay at work.
You must go well beyond saying you “can’t do your job.” You need to show that you asked for help from your employer to stay at work. Such changes could include fewer hours, easier duties, or changing roles within the company.
You need to provide evidence that shows how hard you tried to stay at work. This evidence can include the following:
- Medical records discussing your work attempts
- Employment records that show places you tried to work and all accommodations made
- A written statement from you that details your work efforts
- Signed written statements from your employer or co-workers describing how they observed your struggle to work
If you give strong evidence that shows you tried your best to stay at work, then you have a good chance of winning benefits. On the other hand, if you have little evidence of your efforts, or evidence that you made no effort, then you have no chance of approval.
Credibility
Medical and employment documents will give you some of the best support for your claim, but the decision-makers need to believe you, too. In legal settings, credibility refers to a person’s trustworthiness or believability.
A decision-maker who finds you trustworthy may rule in your favour — even if you have weak evidence for your claim — and a decision-maker who doesn’t trust you won’t give you the benefit of the doubt in uncertain areas, even with good evidence. Being credible gives you an invisible edge that many people overlook.
Credibility killers:
- Contradicting medical records or earlier statements
- Making excuses or blaming others for problems
- Criticizing other parties in the claim (even if they deserve it)
- Filing complaints against professionals you see as negative, biased, or unprofessional
- Using aggressive, sarcastic, or confrontational tones in your claim or testimony
- Blocking or stalling reasonable requests for information
- Fighting with doctors over your diagnosis instead of focusing on the disability
- Acting like a medical expert
Credibility boosters:
- Making sure what you say matches the medical records
- Taking responsibility for bad facts or problems with your claim; not blaming others
- Being cooperative and respectful of everyone in the claim
- Accepting expert advice and opinions
- Making good faith efforts to try all reasonable advice, even if you disagree with it
- Obvious efforts to keep working
Reasons for ADHD Disability Insurance Claim Denial
ADHD claims may be denied for a number of reasons. Let’s go over some of the most common reasons for a denial so you can avoid making these mistakes in your claim.
Insufficient evidence of disability
Insurers often cite insufficient evidence of disability as a reason to deny disability benefits for ADHD. This will usually happen if you have yet to receive a diagnosis.
If you receive this as a reason, you should get a diagnosis as soon as possible. However, if you’ve already been diagnosed, your appeal letter should focus on how your doctor followed best practices for diagnosis and treatment. Mention how you adhered to the recommended treatment faithfully.
You should also emphasize all the things you’ve done to keep working — these aspects can make up for a lack of objective evidence.
Incorrect treatment
A denial due to you receiving the wrong or inadequate treatment for your disability shifts the blame to you or your doctor. It supposes either your doctor offered the wrong treatment or you refused the right treatment. This is the most common reason for denial of disability benefits for ADHD.
The insurers look for examples of your doctor not following best practices. They want to make sure your doctor explores all options, which includes changing your dose or finding other medications to try. It’s especially bad if there’s evidence that you refused to take medications or stopped without your doctor’s advice.
If you refuse to attend cognitive behavioural treatment (CBT) or similar treatments, you might get denied disability benefits. This can happen if your doctor doesn’t recommend it when it would be appropriate to do so. It can also happen if CBT was recommended and you refuse to attend or drop out against your doctor’s advice.
Lack of documentation
Even if your doctor follows best practices and you follow their advice — if it isn’t recorded, it’s like it never happened.
It’s common in cases of ADHD for the insurance company to ask for your doctor’s clinical records. They do this to see if the doctor is following best practices — adjusting medication to counter the hyperactive behaviour and making appropriate recommendations. If the doctor’s medical file doesn’t document what’s happening, then the insurance company will deny your claim.
Toxic work environment
In some cases, you may have your ADHD disability benefits claim denied because the insurer feels that you work in a toxic environment and that the toxic environment, not your disability, is making it impossible for you to complete your usual work tasks. Therefore, this is a human resources problem for your employer — not a situation where you would qualify for disability benefits.
To combat this argument, you need to prove that your disability would exist regardless of where you worked or whether it was toxic or not. These situations can be tricky, however. We suggest hiring a lawyer if your insurer is making this kind of argument.
Contact an Adult ADHD Disability Lawyer for Claim Denial
The journey to winning ADHD disability benefits for adults in Canada can be a long one, but an experienced disability lawyer from Resolute Legal can help.
Book a free consultation today to learn more about how Resolute Legal can help you obtain an adult disability benefits for ADHD.
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FAQs
Is ADHD a learning disability in Canada?
As ADHD generally interferes with attention span, impulse control, and (sometimes) hyperactivity, it is the most common disorder that co-exists with learning disabilities, but is not considered a learning disability. Many individuals who have ADHD also have learning disabilities, so assessment for LDs is important if there are academic difficulties.
Is ADHD a disability in Alberta?
Yes, ADHD is recognized as a disability in Alberta. Individuals facing substantial challenges due to ADHD may be eligible for disability benefits. Alberta’s disability support programs assess the impact of the condition on daily functioning to determine eligibility for various forms of assistance.
Is ADHD a disability in BC?
Yes, ADHD is considered a disability in British Columbia. Those experiencing significant obstacles due to ADHD may qualify for disability benefits. In the province, eligibility for various forms of support is evaluated based on the impact of ADHD on daily functioning, especially for those easily distracted.
Is ADHD a disability in Ontario?
Certainly, ADHD is acknowledged as a disability in Ontario. Individuals encountering substantial challenges due to ADHD may be eligible for disability benefits. Ontario’s disability support programs evaluate the impact of ADHD on daily functioning to determine eligibility for various forms of assistance.
Is ADHD a long term disability?
Yes, ADHD can be considered a long-term disability. For many individuals, the impact of ADHD persists over an extended period. Depending on the severity and duration of symptoms, individuals may qualify for long-term disability benefits, providing crucial support for managing the challenges associated with ADHD.
Is ADHD a permanent disability?
Since persistent functional impairments such as poor organizational and time management skills, difficulty with note-taking, reading comprehension and written expression constitute a permanent disability, attention deficit hyperactivity disorder clearly qualifies as such.
Does a child with ADHD qualify for disability?
ADHD is considered a disability in Canada, and may qualify for government benefits – namely the Child Disability Tax Credit, and the Child Disability Benefit (CDB). A Child Disability Tax Credit for ADHD can help your child get the proper guidance or special education to help manage the disability.