ADHD (Attention Deficit Hyperactivity Disorder) is a neurodevelopmental disorder that can cause difficulties in many areas, but its diagnosis does not always lead to benefits.
ADHD in adults can be considered a form of specific disability in severe cases. This disability, recognized by INPS, is assessed by a medical commission with variable composition. The severity is determined by analyzing the level of impairment in the workplace or university.
Introduction to ADHD and Law 104
The crux of the matter is that the diagnosis of ADHD and the 104 certification do not go hand in hand because this disorder is considered disabling only at certain levels of severity .
Therefore, in order to find out if one is entitled to the relevant benefits, a neuropsychological diagnosis is required , as well as an evaluation by a medical commission, to determine to what extent the syndrome is the cause of impairment.
What is ADHD? A Brief Overview
But, first of all, what do we mean by ADHD? It is a disorder that emerges during childhood, but can persist into adolescence and adulthood (affecting both men and women), characterized by a pattern of difficulty maintaining attention (which is called, by some scholars, ADD ), agitation and inability to control impulses , or both (in these cases we speak of combined ADHD ).
This is a persistent and constant modality , which exceeds what we could define as a lively child, and which implies discomfort and complications, for example at school and in social life.
Furthermore, this disorder can be accompanied by other neurodevelopmental pathologies , such as oppositional defiant disorder (ODD) or autism . For example, a study by Trenta and Zoccolotti conducted on a sample of children attending the fifth grade, demonstrated that children with marked reading difficulties, diagnosed with DSA (Specific Learning Disorder), were also more likely, compared to others, to be diagnosed with ADHD or ODD. But, more generally, the difficulty in concentrating and controlling impulses can also generate a sense of stress and mental fatigue that seems to overwhelm the child.
Law 104: Rights and Benefits for the Disabled
Instead, what exactly does Law 104 consist of ? It is a reference proposed in 1992 that seeks to promote the integration of people with disabilities , guaranteeing them assistance .
People who fall under the description of individuals with disabilities and their family members who assist them, according to specific criteria, can benefit from some advantages arising from this law, such as:
- the right to tax breaks to provide financial support to the family;
- paid work leave for family members who must take care of the disabled person;
- right to treatment (for example access to ADHD drugs ) and rehabilitation : Law 104 represents, in fact, the guarantee for the person to access certain social and health services;
- right to education and training , which must be ensured from the very first years of school up to university, in an integrative perspective;
- The concept of work also falls within this vision : the disabled person has the right to be employed while enjoying some specific protections
ADHD in adults
At this point, before delving into the complex relationship between ADHD and Law 104, a clarification is needed: even if it is a neurodevelopmental disorder, which therefore emerges in children, adults can also suffer from an attention disorder and experience a significant impairment of various aspects of their existence.
Just think about the workplace: an overly inattentive person can easily forget deadlines, miss meetings, or make serious careless mistakes. Even just organizing activities becomes complex, and for this reason many adults with ADHD are serial procrastinators.
The hyperactivity component is generally reduced and limited to a vague physical agitation that also leads to acting impulsively, as if due to a lack of time to reflect.
If you think you may have ADHD, with Serenis you can complete the ADHD test for free to find out if you have related symptoms.
Mental Wellbeing and ADHD
Even from the point of view of psychological well-being there can be important implications: an adult who drags along the symptoms of an attention deficit, especially if he has never had a diagnosis (and consequently cannot find an explanation for his shortcomings), can easily perceive himself as unsuitable , for example, for his job. Confidence in his own abilities can collapse vertiginously, and the person can seek refuge in other dynamics that seem protective because they manage to isolate him from the world. Typical examples are substance abuse and gambling addiction , which become not only a way of losing control but also of trying to detach oneself from a world that is perceived as too demanding.
Finally, the tension and stress accumulated from the need to cope with all these requests without success can give rise to a pervasive sense of frustration, depression accompanied by anxiety, somatic manifestations and even full-blown panic attacks.
It is not easy, in these conditions, to be able to hold on to a job. This is why we will also deal with understanding the relationship between ADHD and disability for adults .
Criteria for recognition of disability in ADHD
Law 104 clearly establishes that its beneficiaries can only be disabled people, that is, those who manifest some type of impairment or difficulty in mental processes of learning and relationships, thus risking being marginalized.
For this reason, a person with ADHD, despite the situation of discomfort and difficulty that may arise from his condition, does not automatically have the right, according to Italian law, to benefit from Law 104. For this purpose, a more in-depth diagnosis of ADHD is necessary , which must be carried out by the competent territorial health facility, which will decide whether or not to recognize the disability based on the level of severity of the disorder.
When does ADHD have support?
Among other rights, Law 104 provides the possibility for children and young people to be supported by a support teacher at school and to follow a tailor-made program (is PEI or PDP better for ADHD ?). This occurs in the presence of particularly serious situations and, specifically for ADHD, the 104 certification is issued more likely if other disorders are found in comorbidity .
For all other less serious cases, but in which there is still a diagnosis, it is possible to draw up a Personalized Educational Plan , to be followed without support.
Certification 104 for ADHD
Therefore, there are cases in which ADHD can be considered a disability, the percentage of disability for ADHD being assessed by a medical commission that will have the task of determining how much the pathology affects normal learning processes and working life.
As mentioned before, it begins with a neuropsychological visit , which results in a diagnosis issued by a specialist, such as a neuropsychiatrist or a psychologist. This process takes place in several steps, which allow for an in-depth analysis.
First of all, we have the collection of anamnestic data and those relating to the pathology, both present and past. Tests are then proposed to identify the presence of typical symptoms, exclude other pathologies and identify any comorbidities. The test results are presented to the parents, but always together with careful critical observation by the professional, which no evaluation can ignore.
The task of the expert, in fact, is not only to look for the presence of symptoms, but also to understand how invasive these can be and justify the attribution of disability.
How to apply for 104 for ADHD?
But, on a practical level, how can you apply for disability thanks to the certification and Law 104? Two steps are mainly required, once you have the diagnosis:
- first of all you must contact INPS to ask that the person be recognized as having a serious disability ;
- secondly, you must submit a request to both INPS and your employer to obtain the permits and benefits to which Law 104 gives you the right, both those that concern you as a caregiver and those aimed at the person with the disability
If you are having difficulty with this process, you can ask for help from organizations in your area of residence, from the authorities or from centers specialized in ADHD .
Documentation and procedures
Let’s also take a closer look at the documentation that you need to have with you when you undertake this process for requesting disability. The patient’s medical record is certainly essential, where the neuropsychological diagnosis is stored.
This must be presented to the doctor, who will insert the medical certification into the INPS portal, also briefly describing the health status of his patient. In filling out this document, the professional will pay particular attention to the autonomy of the subject (describing, for example, whether he is able to walk and move alone or whether he needs help in carrying out normal daily activities. In these cases, in fact, among the advantages there will be that of always being able to be called for a visit within a maximum of 15 days.
This certification, which the doctor sends, must be kept and presented at subsequent visits. From the moment it is issued, the person has 90 days to send the request for disability recognition to INPS , which we talked about earlier. In case of uncertainty, it is also possible to ask for the support of a patronage to complete this step.
Attention deficit disorder and financial aid according to Law 104
But, as we have said, Law 104 does not only allow children to obtain help at school and have better assistance: in 2018, in fact, together with the budget law, it was established that those who have Law 104 are entitled to a 19% deduction when they purchase dispensatory and compensatory tools, technological aids and IT supports that represent an aid for learning and work.
Likewise, beneficiaries of Law 104 are also entitled to the attendance allowance, which is disbursed by INPS to promote integration into school and society , counteracting the symptoms of a disorder that makes it difficult to carry out tasks and duties appropriate to the person’s age. In practical terms, it is a cash compensation (equal to €285.66) that is received monthly, for each of the 9 months dedicated to school during the course of a year, provided that the income does not exceed a certain annual amount.
ADHD and Law 104: benefits for parents
In addition to financial benefits, the parents of these children can count, as we have seen, on support in the school environment , represented both by the presence of a support teacher and an educator, depending on the severity of the child’s pathology, and by the provision of compensatory tools and a differentiated program.
Furthermore, parents have the right to clear and transparent information : they must be informed about the nature of the disorder their child suffers from, its implications and possible long-term repercussions, so that they can make informed decisions about the interventions to implement and consider the possibility of a rehabilitation/habilitation path .
