Can You Get Disability Benefits for Drug Addiction?

The SSA treats drug and alcohol addictions the same as any other disability. Individuals must still meet the criteria for disability in order to be eligible for benefits, and the SSA will consider an individual’s substance abuse history when determining their eligibility. (i) alpha-pyrrolidinopentiophenone function If we determine that your remaining limitations would not be disabling, we will find that your drug addiction or alcoholism is a contributing factor material to the determination of disability.

Providing Evidence of a Mental Disorder With Drug Addiction

If your medical record has evidence of a substance use disorder, only then alcohol and violence statistics can SSA officials consider its effect on your condition. Disability examiners, in consultation with medical experts, assess whether drug or alcohol dependency is, in Social Security parlance, “material” to determining if you are disabled. Copyright ©2024 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states.

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Read on to learn how substance abuse can affect your disability claim, how the SSA treats addiction, and how to qualify for benefits. Instead, you’ll need to show that you have another medically determinable severe impairment that keeps you from working. Severe impairments are any health issues you’re receiving treatment for that have a significant impact on your daily activities.

It is illegal to discriminateagainst these what is whipit individuals based on their treatment for OUD. For example, if you have an advanced stage of cancer that would qualify you for Social Security Disability benefits and you are addicted to pain killers, the SSA will likely approve your claim for disability benefits. However, the addiction can be managed with psychotherapy, withdrawal therapy and prescription medications that can alleviate the withdrawal symptoms an addict may suffer. It is important to understand that individuals who suffer from Drug Addictions need ongoing treatment in order to maintain abstinence from the drug they are addicted to. Substance use disorder (SUD) falls under the category of a disability if it substantially limits one or more major life activities. If you have an SUD but can still perform daily tasks without significant impairment, it may not be considered a disability under the ADA.

Unfortunately, people with disabilities may also be less likely to receive appropriate treatment for their addiction. If you file a claim for Social Security Disability benefits based on a Drug Addiction, your claim will be denied and no stage of appeal will overturn that decision. On the other hand, if you apply for disability benefits based on a qualifying condition and you are denied benefits because of your Drug Addiction, you may want to appeal the decision if your Drug Addiction has no impact on your disability.

Does the ADA protect individuals with a history of past opioid use disorder, who no longer illegally use drugs?

1. When that happens, the SSA must evaluate the application (“claim”) a bit differently to determine whether the claimant can receive benefits.
2. It is essential to recognize the signs and symptoms of addiction to intervene early and prevent further damage.
3. And in fact, if you’re addicted to and using drugs, it can prevent you from getting disability benefits for other impairments as well.
4. According to the Americans with Disabilities Act (ADA), a person with a disability is someone with a physical or mental impairment substantially limiting one or more major life activities.6 This can include mobility, seeing, hearing, breathing, learning, and communicating.

The contents of this document do not have the force and effect of law and are not meant tobind the public in any way. This document is intended to provide clarity to the public regardingexisting requirements under the law or Department policies. Avard Law specialize in Social Security Disability, Personal Injury, and more. You are now leaving AARP.org and going to a website that is not operated by AARP. A town refuses to allow a treatment center for people with OUD to open after residentscomplained that they did not want “those kind of people” in their area.

A city terminates an employee based on his disclosure that he completed treatment for aprevious addiction to prescription opioids. The city may be in violation of the ADA fordiscriminating against the employee based on his record of OUD. In many cases, people who receive treatment can return to normal function. In instances where abstinence won’t reverse their disability, they will receive financial support. In either case, life can be particularly challenging when coupled with addiction. Substance abuse is two to four times higher amongst the disabled.8 The increased risk is due to the physical or psychological impact of a disability.

Can Enrolling in a Rehabilitation Program Provide ADA Protection?

To qualify for these benefits, an individual must be diagnosed with a medically determinable impairment that is expected to last at least 12 months or result in death. The impairment must also be severe enough to prevent the individual from engaging in substantial gainful activity. Individuals may be eligible for disability benefits if they are unable to work due to their addiction and its related impairments.

At the same time, you cannot legally be denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) because of drinking or drug use if your medical condition otherwise meets the benefit criteria. In addition to evidence showing treatment for a mental disorder, the SSA will look for potentially disabling limitations from any physical impairments. As with mental impairments, the agency will review your doctors’ notes, hospitalization records, and prescribed medications for evidence of functional limitations. If you are filing for disability benefits due to a drug addiction or have already been denied, you may want to hire a Social Security Disability attorney to represent you in your disability claim. Hiring a disability lawyer will increase your chances of filing a successful disability claim.

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy, Cookie Policy, and Consumer Health Data Notice. People with disabilities—whether physical, mental, or both—are more likely to experience more severe effects of addiction. They’re also more susceptible to subsequent relapse than the general population.