Monday, October 8, 2012

How will drug and/or alcohol addiction affect my Social Security Disability case?

A common question I get asked by my clients is how alcohol or drug addiction can impact their application for Social Security Disability (SSD) benefits. Alcohol or drug dependence is a major issue facing millions of Americans. For some, alcohol or drug addiction, itself, can be debilitating to the point of creating a disability. For others, alcohol or drugs can lead to other medical problems (such as liver disease) which, in turn, can cause disability. For still others, alcohol or drug dependence can be a part of a disabling mental illness such as depression or anxiety. In this post I will review how the Social Security Administration (SSA) approaches drug addiction when evaluating claims for SSD benefits. I will do this by separately addressing three different scenarios in which alcohol or drug addiction may play a role in creating a disability.

Can you receive Social Security Disability benefits solely based on your addiction to drugs and/or alcohol?
No. While, alcohol or drug addiction, itself, can certainly disable people to the point of preventing normal functioning and the ability to work, the SSA will not grant SSD benefits solely based on an addiction to drugs and/or alcohol. This policy is due to the Right To Work Act. Through this law, enacted in 1996, Congress eliminated alcoholism (and drug addiction) as a basis for obtaining Social Security Disability benefits. So does that mean that drug or alcohol addiction will prevent you from getting SSDI benefits? This is where things get a little more complicated.

If you are addicted to drugs and/or alcohol, can you still receive Social Security Disability benefits?
The answer to this question is that it depends. While the Right to Work Act prevents the SSA from granting SSDI benefits specifically for alcohol or drug dependence, it does not necessarily disqualify people with other disabilities from receiving SSD benefits just because they are also addicted to drugs or alcohol. In other words, the SSA is not supposed to penalize you for being addicted to drugs or alcohol.

If the Social Security Administration determines that you are addicted to drugs and/or alcohol, they must determine whether the drug addiction or alcoholism significantly contributes to your disability. To determine this, SSA will first consider whether all of your other medical conditions qualify you as disabled per their guidelines. If SSA determines that you are, indeed, disabled based on your medical condition(s), the next step is to determine whether you would still be disabled if you stopped using drugs and/or alcohol. If SSA determines that you would not be disabled once you stopped using drugs or alcohol, then SSA will determine that you are not disabled and not eligible for SSD benefits. If SSA determines that you would still be disabled even if you stopped using drugs and/or alcohol, then they will award you Social Security Disability benefits. For example, lets suppose that you suffer from both depression and alcohol addiction. If you can demonstrate that you would be disabled from depression even if you overcame your alcohol dependence, the SSA would grant you SSDI benefits.

My use of alcohol and/or drugs caused a disabling medical condition. Can I receive Social Security Disability benefits for this condition?
If your disability was caused by alcohol and/or drugs, the SSA will first determine whether you are disabled per Social Security’s regulations using the same method as discussed above. That means if you would still be disabled if you stopped using drugs and/or alcohol then you will be considered disabled and would be awarded SSD benefits. For example, lets suppose that you developed alcoholic cirrhosis of the liver from an alcohol addiction and this condition has disabled you. When you apply for SSD benefits, SSA will first determine whether the cirrhosis is severe enough to classify you as disabled. If you are deemed disabled, SSA will then determine if the disability caused by the cirrhosis would persist if you were to stop drinking. If they determine that your cirrhosis is advanced to the point that the disability it causes cannot be reversed even if you stop drinking, you will be granted SSD benefits.

Take Home Message
While alcohol and drug dependence, in and of itself, does not qualify you for SSD benefits, it also does not preclude you from these benefits. To be eligible for SSDI benefits, you must demonstrate that your medical condition disables you independent of any concurrent drug or alcohol dependence. It is also important to note that while this is the process for determining whether a claimant is eligible for SSD benefits if he/she is addicted to drugs and/or alcohol, in reality many judges do not like to see that a claimant is addicted to drugs and/or alcohol in the time period they are applying for SSD benefits. If you do have medical records which state that you are addicted to drugs and/or alcohol, you should consult with an attorney experienced in Social Security Disability regarding your particular claim.

This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular circumstances and claim, please contact a lawyer in your area.

14 comments:

  1. Disability Claims-Boating and Watercraft Accidents, Catastrophic Accident, Disability Claims, Automobile Accident, Car Accident, Motor Vehicle Accident, Slip and Fall & Trip and Fall.

    ReplyDelete
  2. Getting over an addiction isn't easy for most people who go through these issues. In fact, most people need to enter into drug and alcohol rehab centers for help overcoming that addiction. With the help of therapists and specially-trained doctors, you will go through a treatment plan - See more at:alcohol and drug evaluation

    ReplyDelete
  3. Addiction to drugs or alcohol has ruined the lives of countless people and their families worldwide. Luckily, there are many wonderful drug and alcohol rehabilitation facilities which offer the necessary tools to beat addiction. If you, or a loved one, are looking for a way out of addiction, do you know what to look for in a rehab center?[www.aacsatlanta.com] take a lookalcohol and drug evaluation

    ReplyDelete
  4. Alcoholism is fatal and requires urgent treatment for its removal. With passing time, and without our knowledge, we keep slipping into the disastrous influence of alcohol. So, to dwindle this situation, it is better to join the
    Alcohol Treatment Centers.

    ReplyDelete
  5. Great Post Very Interesting and to the Point looking forward to see more update like that. Thanks once again.

    alcohol rehab

    ReplyDelete
  6. There is no doubt that Alcohol or drug dependence is a major issue facing millions of Americans. I found a lot of valuable info after landing on your blog. I would love to know about the alcohol withdrawal symptoms? Thanks for the nudge!

    ReplyDelete
  7. Yes, drug and alcohol addiction is increasing day by day and making people to destroy their lives. My sister was also involved in drug addiction. Helped her by taking her for treatment at virginia opiate addiction treatment center. That really gave best treatment and helped her to be normal.

    ReplyDelete
  8. Well this article that i’ve been waited for so long.
    TorontoAddictionCentre

    ReplyDelete
  9. Medical marijuana dispensaries have to be nonprofit. They should have bylaws which protect their nonprofit nature, although they needn't be thought of tax-exempt by the IRS, nor should they be integrated. tips for branding cannabis business

    ReplyDelete
  10. I got too much interesting stuff on your blog. I guess I am not the only one having all the enjoyment here! Keep up the good work. אלכוהוליזם

    ReplyDelete
  11. Internet Positif sendiri adalah momok paling menakutkan bagi penikmat poker online. Tidak hanya permainan poker tapi juga konten negatif lainnya seperti PORNO ataupun (Baca Selengkapnya...)

    ReplyDelete
  12. Thanks for this amazing content. It is very useful and knowledgeable for us. Appreciable.
    We are also provide these services like: Alcohol and Drug Evaluation Diversion California
    Substance Abuse Assessment California
    SAP for DOT Evaluation
    Substance Abuse Assessment
    DUI Class
    DUI Evaluacion
    Thanks for considering us.

    ReplyDelete
  13. $89 Alcohol and Drug Evaluation Georgia can determine the type and level regimen needed or can be used as a professional testimonial to competency. This is an initial step to a successful rehabilitation which may lead not only to completing legal requirements but also to a happier and healthier way of living. Social workers investigating a child's home environment may also recommend a parent to do an alcohol and drug assessment to show in court. After a court ordered alcohol and drug evaluation you may be ordered to complete certain requirements that if completed in a timely manner will help in your recovery process and put you in good standing with the court. These requirements can be anywhere along the lines of attending a DUI Alcohol or Drug Risk Reduction Program, being subject to random drug/alcohol urine screenings, and inpatient rehab if necessary. The assessment process is more than just a list of questions, it is also a way to further diagnose and assess the results of the screening.

    ReplyDelete
  14. Nice post! Thanks for sharing with us. If you want to know more about Online Alcohol Assessment so you can visit us. I also write blogs by copiying your style.

    ReplyDelete