Is ADHD a disability?

Over one million Australians have Attention Deficit Hyperactivity Disorder (ADHD) — that’s one in every
20¹.

As the Senate Community Affairs References Committee notes, those who lack ADHD treatment incur “lifelong impacts on them and their families, including on their self-esteem, health, relationships, education, employment and financial situation.”¹

Fortunately, with the right information, those with ADHD can gain access to the help they need.

Help begins with knowing exactly what you’re dealing with. Read on to learn about how ADHD is classified, whether or not it’s a disability, and what legal protections those with ADHD have.

ADHD is a developmental disability: Here’s what this means

People commonly think that ADHD is a learning disability as its symptoms include difficulty paying attention, organising tasks and study materials, and resisting impulses. However, ADHD is not a learning disability, although such disabilities can coexist with ADHD.

Instead, ADHD is a developmental disability or a neurodevelopmental disorder. This is due to its genetic factors, early onset, interactions between genes and the environment, neuropsychological deficits, and distinct brain development patterns when compared to non-ADHD individuals. ADHD is also considered a mental health disorder.

However, some of what is known about ADHD is still hypothesised and research is ongoing. Today, ADHD is understood as a developmental disorder that impacts the prefrontal cortex, the part of the brain responsible for executive functions and other self-regulatory processes. These cognitive abilities enable individuals to manage and direct their thoughts and actions.

ADHD symptoms and diagnostic criteria

There are three types of ADHD: Primarily hyperactive-impulsive ADHD, primarily inattentive ADHD (formerly called Attention Deficit Disorder (ADD), and combined type ADHD. Each has different symptoms and diagnostic criteria.

Hyperactive-impulsive ADHD type is characterised by functional impairment — a hyperactivity-impulsivity that interferes with functioning or development. To be diagnosed with this type of ADHD, adults (aged 17 and older) must exhibit at least five of the following symptoms, while children
(under 17) must display six or more:

1. Frequent fidgeting: Regularly fidgets or taps hands or feet, or squirms in their seat.
2. Difficulty staying seated: Often leaves their seat in situations where sitting still is expected, such as in an office or during movies.
3. Restlessness: Experiences a persistent desire to move or feels restless in situations where it is inappropriate, and finds this difficult to control.
4. Challenges with quiet activities: Struggles to engage quietly in leisure activities, often engaging in self-talk or finding it hard to resist shifting to more stimulating activities.
5. Constant motion: Behaves as if “driven by a motor,” showing discomfort with being still for extended periods, such as in restaurants or meetings, often leaving others struggling to keep up.
6. Excessive talking: Tends to talk more than might be appropriate, sometimes without awareness of its impact on others.
7. Impulsive interjections: Frequently interrupts or responds before a question is completed, often finishing others’ sentences, or feeling compelled to speak without waiting.
8. Impatience with waiting: Has difficulty waiting for their turn, for example in lines.
9. Interrupting or intruding: Commonly interrupts or intrudes on others, may start using other people’s belongings without permission, or take over activities uninvited.

Predominantly inattentive type ADHD, previously Attention Deficit Disorder, is characterised by a significant inability to focus. Diagnosis for this type requires adults (aged 17 and older) to display at least five of the following symptoms, while children (under 17) need to exhibit six or more:

1. Carelessness/poor attention to detail: Regularly overlooks details or makes careless mistakes in schoolwork, at work, or other activities, often resulting in inaccurate work.
2. Short attention span: Frequently struggles to maintain attention on tasks or play activities, such as during lectures, conversations, or when reading for extended periods.
3. Poor listening skills: Often appears not to listen when spoken to directly, seeming distracted even without any obvious distractions.
4. Lack of follow-through: Commonly fails to complete instructions and does not finish schoolwork, chores, or workplace duties, often getting sidetracked.
5. Disorganisation: Struggles with organising tasks and activities, which may include managing sequential tasks, keeping belongings organised, messy work, poor time management, and missing deadlines.
6. Avoidance of concentration-heavy tasks: Tends to avoid or show reluctance towards tasks that require sustained mental effort, such as preparing reports, filling out forms, or reviewing lengthy documents.
7. Frequent loss of items: Often misplaces items needed for tasks or activities, such as wallets, keys, paperwork, eyeglasses, and mobile phones.
8. High distractibility: Easily distracted by external stimuli or unrelated thoughts.
9. Forgetfulness in daily activities: Regularly forgetful in daily activities, including chores, errands, returning calls, paying bills, and keeping appointments.

For a combined type ADHD diagnosis, a person must meet the diagnostic criteria for both the primarily inattentive type and the primarily hyperactive-impulsive type. This means exhibiting at least six symptoms from each category for children under 17, or at least five from each category for adults aged 17 and older.

Diagnosing ADHD in adults can be more difficult than child diagnosis. ADHD is unlikely to be considered if your symptoms are recent and were not a consistent problem in the past, as it is generally understood that ADHD does not first develop in adulthood.

For an adult ADHD diagnosis, the symptoms must also significantly impact various aspects of an adult’s life, including:

• Difficulties in relationships with partners.
• Reckless driving.
• Underperformance at work or in education.
• Challenges in forming or maintaining friendships.

The ongoing debates surrounding adult ADHD is just one barrier to individuals receiving adequate treatment. An Academics Pediatrics’ study found that other barriers include those of a financial, socioeconomic, and cultural nature². These barriers often exacerbate the challenges faced by adults seeking diagnosis and treatment, with significant variability in how these factors impact individuals from different backgrounds.

Fortunately, accessible help is becoming increasingly available. At MedReleaf Clinics, we adopt a holistic approach to healthcare, individualised patient-to-patient. ADHD diagnoses require a comprehensive, tailored assessment and ongoing monitoring, which is what we provide for our patients.

What legal protections do those with ADHD have?

ADHD is recognised as a disability in Australia, applying to both child and adult ADHD. This means it is
covered under the Australian Government’s Disability Discrimination Act 1992 (DDA)³, protecting against disability discrimination in education, employment, and other areas.

Because of the act, individuals with ADHD cannot be treated less favourably because of their disability.

Here is an overview of the act; you can also view more information here from the Australian Human Rights Commission.

• Employment: Individuals with ADHD are protected against discrimination in all employment-related activities, including hiring, training, promotion, and conditions of employment. Employers are required to make reasonable adjustments to accommodate their needs unless doing so would impose an unjustifiable hardship.
• The purchasing of goods and services: People with ADHD have the right to access goods and services on the same terms as those without disabilities. This includes services provided by businesses such as banks, cafes, and stores, as well as professional services like those from lawyers or doctors.
• Housing: The DDA protects individuals with ADHD from discrimination in housing matters, ensuring they have the same opportunities in renting or buying homes. Landlords and real estate agents cannot refuse accommodations or impose unfair terms because of someone’s ADHD.
• Access to public spaces and services: The act ensures that persons with ADHD have equal access to public places and services, such as parks, libraries, and public transport. This includes making reasonable modifications to public infrastructure where necessary.
• Harassment: Harassment of individuals with ADHD, whether in the workplace, educational settings, or other areas of public life, is prohibited under the DDA. This includes any behaviour that creates a hostile environment, such as derogatory comments or actions related to a person’s disability.

Accessing treatment with MedReleaf

While ADHD is a disability that impacts the day-to-day lives of many Australians, help is available.

Our team of MedReleaf Clinics doctors and mental health professionals are available to ensure you receive proper treatment. The process is simple: You can book your consultation online; we’ll then discuss your health history, symptoms, and other relevant factors. From there, you’ll receive your treatment plan and we’ll continue to walk alongside you, ensuring that your symptoms are optimally treated.

We actively work to reduce barriers to care for those with ADHD. One of the ways we do this is through a company-sponsored program that provides more affordable options to those with a concession card. We also offer a free pre-screening call where you can ask any questions you have.

Learn more about MedReleaf Clinics, or book your free pre-screening call.

Reference list

1. Parliament of Australia. (2023). Executive Summary. Parliament of Australia.
   https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/ADHD/Report/Executive_Summary
2. Kamimura-Nishimura, K., Bush, H., Amaya, P., Crosby, L.E., Jacquez, F., Modi, A.C. and Froehlich, T.E. (2023). Understanding Barriers and Facilitators of ADHD Treatment Initiation and Adherence in Black and Latinx Children. Academic Pediatrics, 23(6). doi:https://doi.org/10.1016/j.acap.2023.03.014
3. Australian Government (1992). Disability Discrimination Act 1992. Federal Register of Legislation. https://www.legislation.gov.au/Details/C2018C00125