Examples of related impairments include physical and mental health problems, such as depression, anxiety, or chronic pain, that are caused or worsened by the addiction. Social Security does not consider someone to be disabled solely on the basis of a substance abuse problem. It used to, but a 1996 federal law eliminated alcoholism and addiction as grounds for benefit claims.
Drug Addiction and Social Security Disability
In addition, individuals with disabilities related to substance abuse can also receive other types of assistance such as Social Security Income (SSI) or Supplemental Security Income (SSDI). (b) Process we will follow when we have medical evidence of your drug addiction or alcoholism. (1) The key factor we will examine in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether we would still find you disabled if you stopped using drugs or alcohol. If the SSA finds that you wouldn’t be disabled if you quit taking drugs, the SSA will deny you benefits because your drug use is a factor that contributes to (or causes) your disability. For instance, let’s say you have hypertension (high blood pressure), seizures, and degenerative disc disease (DDD).
It is important to note that an individual’s substance abuse history will not necessarily disqualify them from receiving disability benefits. The SSA may consider the severity and duration of the addiction, as well as any efforts made by the claimant to seek treatment for their condition. The Social Security Administration (SSA) provides disability benefits for individuals with drug or alcohol addiction.
Individuals who believe they have been discriminated against under the ADA and would like tofile a complaint should file as soon as possible. For instance, there are specific filing deadlinesfor a charge of employment discrimination, either 180 days or 300 days from the date of the alleged discrimination, depending on the jurisdiction where the charge is filed. Typically, yes, unless the individual is currently engaged in illegal drug use. how to flush alcohol out of your system in 24 hours Drug addiction is a serious issue that affects millions of people and should not be taken lightly.
Is Drug Addiction a Disability for Social Security?
- Drug and alcohol addiction can have a more significant impact on people with disabilities.
- But when coupled with a substance use disorder (SUD), it can feel like an impossible battle.
- The ADA is a federal law that gives civil rights protections to individuals with disabilities in manyareas of life.
- 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.
The ADA prohibits employers from discriminating against individuals with disabilities and requires employers to provide reasonable accommodations for them. However, the Social Security Administration (SSA) can reject a benefit claim if it determines that drug or alcohol use causes or contributes to the physical or functional limitations that render you disabled — unable to work for a year or more. A mentoring program requires its volunteers to provide test results showing that they do notengage in the illegal use of drugs. The program dismisses a volunteer who tests positive foropioids for which the volunteer does not have a valid prescription. This does not violate theADA because the dismissal was based on current illegal drug use. Individuals whose OUD is a disability and who are participating in a supervisedrehabilitation or drug treatment program are protected group ideas for substance abuse by the ADA if they are not currentlyengaging in the illegal use of drugs.13 See explanation in Question 5.
Claimants who are applying for disability due to a mental disorder and have a history of drug addiction should establish a period of abstinence first so that Social Security can see how they function without interference from substance use. If your mental health symptoms dramatically improve when you’re not using drugs, the SSA is likely to be skeptical that addiction isn’t material, but if your symptoms persist through sobriety, your case for disability is stronger. As the sole basis for receiving benefits, drug addiction is no longer considered a disability. In the past, Social Security used to award disability for substance use disorders.
Substance Use Disorder and the ADA
The SSA will not grant Social Security Disability benefits based on a Drug Addiction. In fact, a Drug Addiction may prevent you from obtaining the Social Security Disability benefits you may otherwise be entitled to. For example, if you suffer from bipolar disorder and are not undergoing proper treatment for the condition and are trying to self-medicate with illegal drugs, your Social Security Disability application is likely to be denied.
The ADA and Opioid Use Disorder: Combating Discrimination Against People in Treatment or Recovery
It is essential to recognize the signs and symptoms of addiction to intervene early and prevent further damage. It is important to remember that addiction is a disease and that it is treatable. With the right help and support, anyone struggling with addiction can recover successfully. Medications like Oxycodone, Morphine, and Fentanyl are highly effective at relieving pain.
American Addiction Centers (AAC) has facilities across the U.S. that are equipped to provide compassionate, evidence-based addiction treatment through a variety of levels of care. You can also verify your insurance coverage online using the confidential online form below. The Social Security Administration (SSA) evaluates disability status based on the severity of the condition and its impact on an individual’s ability to goodbye letter to addiction work and perform daily activities.
So if drug addiction is your only impairment, you won’t qualify for disability benefits. And in fact, if you’re addicted to and using drugs, it can prevent you from getting disability benefits for other impairments as well. However, if you’ve stopped taking drugs and the Social Security Administration (SSA) believes you’re in recovery, you should be able to get disability benefits for drug-related damage and other impairments.