Can I Get Disability for Gaming Disorder?

LAW BLOG  •

August 15, 2018

While there are countless discussions concerning the impact of gaming on youth and social networks, the reality is that most Americans play video games at least some of the time, and they should know that an excessive gaming habit can actually turn into a legitimate mental health disorder. Like any other leisure activity, gaming can become addictive, and a person who puts gaming ahead of real-world responsibilities will likely suffer for it.

Video games have moved beyond the niche hobby market they used to command, and now represent a dominant force in the entertainment market. In fact, video games have become the most profitable entertainment market over the past few decades, as the industry generated more than $108 billion in 2017. By contrast, the movie industry only generated about $43 billion in 2017. With this added attention, experts have begun reassessing its role in modern health.

WHO Announces “Gaming Disorder”

With these new developments, the culture surrounding video games has changed as well. The World Health Organization (WHO) recently classified “gaming disorder” as a verifiable mental health condition. The WHO describes gaming disorder as having three distinct traits:

  • An individual with gaming disorder prefers playing video games over all other activities.
  • An individual with gaming disorder will continue playing games even at the cost of real-world consequences, such as less time spent with friends and family and suffering performance at work.
  • An individual with gaming disorder will continue playing games even after suffering personal losses or experiencing relationship breakdowns due to his or her gaming habits.

Many people play video games every day, and many people prefer them to linear entertainment like TV shows and movies. However, just because a person spends his or her free time gaming does not mean he or she has gaming disorder. The habit must have clear negative consequences for the person’s life to qualify as a disorder.

Does Gaming Disorder Qualify for Disability?

The Americans with Disabilities Act (ADA) requires American employers to make reasonable accommodations for employees with qualifying conditions. However, the ADA does not uphold a list of qualifying conditions. Instead, the ADA reviews each case on an individual basis to determine an applicant’s eligibility for benefits. Gaming disorder is a relatively new concept, so a reviewing party may be skeptical about a claim for disability benefits.

In the unlikely event that an individual’s condition would qualify for disability benefits, this would not mean that the individual’s employer must allow the employee to install a gaming PC or console at work. However, a qualifying condition may compel the employer to allow the employee extra time off work to attend therapy sessions or counseling, if required.

Applying for Disability

If you have received a diagnosis of gaming disorder, you may wish to apply for disability benefits. The application packet is extensive and will require documentation related to the diagnosis and treatment of your condition. It is very unlikely that the Social Security Administration will offer benefits for gaming disorder, but if there is clear proof that the disorder has had negative effects on your life, you may secure some accommodations from your employer.

With any application for disability benefits, you have the option of appealing a denied claim. It’s wise to connect with a reliable and experienced attorney who can help you navigate the claims and appeals process. Ultimately, gaming disorder is a new condition with little precedent behind it, and many may simply consider it a frivolous fixation or obsessive hobby instead of a genuine mental health condition. A Houston personal injury attorney can help you determine whether your particular case would warrant an application for disability benefits.

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