Disabilities come in all shapes and sizes, but the Social Security Administration (SSA) hasn't always been consistent about what it considers to be one. In the past, SSA recognized that drug addiction and alcoholism are diseases, and they would occasionally award benefits on that basis alone.
That changed in 1996, however. Now, SSA not only no longer awards benefits based primarily on addiction or alcoholism, but they also take a harder look at any claims where addiction or alcoholism are involved. If you intend to file and you're an alcoholic or an addict (or were in the past), here are a few things you should know:
SSA's Rules Require a Special Determination for These Claims
Social Security Disability law now states that, whenever there is evidence of drug addiction or alcoholism in your claim file, the agency must determine whether they believe you would still be disabled if you stopped using drugs or alcohol. If the answer is positive, then your use of chemical substances is "not a contributing factor material to the determination of disability," and the claim can be approved.
A Lot of Diseases and Disorders Related to Drug and Alcohol Use Qualify for Benefits
Despite the extra hoops that you may have to go through to get your claim approved, there are many conditions caused by drug or alcohol use that can qualify for SSDI benefits. For example, some conditions heavily associated with substance abuse include dementia and other neurocognitive disorders, seizures, peripheral neuropathy, and cirrhosis of the liver.
In addition, there are many conditions that tend to lead to substance abuse problems. For example, people with anxiety, depression, or bipolar disorder may self-medicate with drugs or alcohol before they get an accurate diagnosis. Similarly, someone with a painful, debilitating back injury can easily end up addicted to painkillers in a desperate attempt to function.
It's critically important to your claim to make sure that you list every potentially disabling condition you have so that your claim can be viewed in its entirety since SSA will focus its attention largely on whether those conditions alone are enough to approve your claim.
Seek the Help of an Experienced Social Security Attorney
Applying for Social Security Disability Insurance benefits can be a lengthy and overwhelming process, and unfair denials are common — particularly in situations where SSA is taking its "best guess" as to whether or not your disability would still be present if you were no longer an addict or an alcoholic. If you are struggling to get your SSDI claim approved, working with a Social Security Disability lawyer may be the best option. They can help you navigate the appeals process and fight for your right to the benefits you need.
For more information, contact a lawyer service such as Milam Law.
Share28 August 2023
