Can You Get Social Security Disability With Substance Abuse?

This section will provide an overview of disability benefits and the types of disabilities that are covered. Employers, businesses that are open to the public, and state/localgovernment programs cannot discriminate against people with OUDwho are not currently illegally using drugs. Not every instance (or instances) of alcohol cbd addiction: is cannabidiol cbd addictive or drug use are addictive—the SSA isn’t concerned if you have a glass of wine with dinner. But if your substance abuse disorder is damaging your body or causing disruptions in your work, family life, or social activities, it’s likely that Social Security will need to evaluate whether DAA is material in your case.

These options can provide additional assistance in the journey towards recovery and rehabilitation. Two notable options are rehabilitation programs and work programs with vocational rehabilitation. So far, this factsheet has focused on people who have an addiction to alcohol or people who are in recovery from the illegal use of drugs. Generally, people can’t currently be engaged in the illegal use of drugs to be protected by the ADA. A person who is currently engaging in the illegal use of drugs can’t be denied healthcare or rehabilitation services because of their current use if they would otherwise qualify for these services.

In this section, we will explore the status of drug addiction as a disability and the legal considerations surrounding disability benefits for individuals struggling with drug addiction. The Americans with Disabilities Act (ADA) protects people in recovery from opioid use disorder (OUD) who are not engaging in illegal drug use, including those who are taking medication prescribed by their doctor to treat their OUD. If your addiction is severe enough to affect major life activities, you’re protected under the ADA.

What’s the Connection Between Disability and Addiction?

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. The town mayviolate the ADA if its refusal is because of the residents’ hostility towards people with OUD. A skilled nursing facility refuses to admit a patient with OUD because the patient takesdoctor-prescribed MOUD, and the facility prohibits any of its patients from taking MOUD.The facility’s exclusion of patients based on their OUD would violate the ADA. Major life activities include, but aren’t limited to, walking, seeing, caring for oneself, learning, thinking, communicating, as well as the operation of bodily functions, such as neurological and brain functions. SSDI is available to individuals who have paid into the Social Security system through their work history. To qualify for SSDI, individuals must have a disability that meets the SSA’s definition of disability and have earned enough work credits.

If you’re applying for disability due to a mental disorder and have a history of drug addiction, the SSA will look for a period of sobriety to see how you function without interference from substance use. For more information, see our article on how Social Security evaluates drug addiction. Treatment plays a significant role in the recovery process for individuals with drug addiction. It not only helps individuals overcome their addiction but also demonstrates to the Social Security Administration (SSA) the severity and impact of the condition.

Can someone with a substance abuse problem get Social Security disability benefits?

The classification of drug addiction as a disability can vary depending on several factors, including the jurisdiction and the specific laws in place. In general, drug addiction itself may not always be recognized as a standalone disability. However, individuals with drug addiction may still be eligible for disability benefits if their addiction substantially impairs their ability to work. Disability benefits cover a wide range of disabilities, including physical, mental, and developmental impairments. When it comes to drug addiction, the question arises as to whether it is considered a disability. This includesillegal drug use that was recent enough to support a reasonable belief that the use is current orthat continuing use is a real and ongoing problem.

Consider contacting an experienced disability attorney to get help with your claim and gather the records needed to show the SSA that you’re disabled. (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. It’s important to note that eligibility for disability benefits is determined on a case-by-case basis, taking into consideration the specific circumstances and medical evidence provided. Seeking professional guidance and understanding the legal considerations surrounding disability benefits for drug addiction is crucial when navigating the application process. Winning a claim for disability benefits based on a mental impairment when you also have a history of substance abuse can be challenging.

1. Navigating the legal landscape surrounding disability benefits for drug addiction can be complex.
2. Jason is a person with a disability covered by the ADA because he is a person in recovery, i.e., no longer illegally using drugs.
3. If you have several months where you weren’t drinking or using, but you still experienced physical or mental symptoms from your underlying condition, that’s a strong indicator that DAA isn’t a material issue in your case.
4. So even if your medical condition would improve with abstinence or sobriety—but not so much that you’d be able to work—the SSA won’t deny you benefits based on substance abuse.

They provide a structured and supportive environment where individuals can receive the necessary treatment, therapy, and guidance to break free from addiction. It’s important to note that the eligibility for disability benefits is typically determined based eco sober house review on the functional limitations caused by the drug addiction, rather than the addiction itself. This means that individuals must demonstrate how their addiction affects their ability to perform substantial gainful activity (SGA) or work-related tasks.

What is the ADA?

If you have several months where you weren’t drinking or using, but you still experienced physical or mental symptoms from your underlying condition, that’s a strong indicator that DAA isn’t a material issue in your case. A hospital emergency room routinely turns away people experiencing drug overdoses, butadmits all other patients who are experiencing emergency health issues. The hospital wouldbe in violation of the ADA for denying health services to those individuals because of theircurrent illegal drug use, since those individuals would otherwise be entitled to emergencyservices. If the answer to both is no, the SSA deems the substance abuse “not material,” meaning you still would be sufficiently impaired minus any limitations related to drinking or drugs, and it can allow your claim. If the answer to both is yes, you will not be considered disabled, and your claim will be denied.

Prior to 1997, that included applicants who were unable to work solely on the basis of drug addiction, alcoholism, or both. Yes, court cases (Pesce v Coppinger and Godsey v Sawyer) have found that the ADA requires correction programs (jails and prisons) to administer medications prescribed to treat substance use disorders. The correctional system must find a way to administer and monitor Suboxone in a way that doesn’t cause a security or safety risk. That means Social Security can consider the effects of prescription drugs on your ability to work in a way it cannot with other substances. Social Security will ignore any such limitations directly related to drinking or illicit drug use.

When seeking disability benefits for drug addiction, there are legal considerations that come into play. In the United States, for example, the Social Security Administration (SSA) has specific guidelines to determine disability eligibility for individuals with drug addiction. The ADA is a federal civil rights law that prohibits discrimination against people with disabilitiesin everyday activities. The ADA guarantees that people with disabilities have the sameopportunities as everyone else to enjoy employment opportunities, participate in state andlocal government programs, and purchase goods and services. (i) 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.

The ADA is a federal law that gives civil rights protections to individuals with disabilities in manyareas of life. It’s important to provide substantial medical evidence and documentation to support the disability claim. This evidence should demonstrate the impact of the drug addiction on the individual’s ability to perform work-related tasks. This may include medical records, attention required! cloudflare treatment history, and assessments from healthcare professionals. Depending on the specifics of your claim, showing that substance abuse doesn’t have an effect on your physical or mental health can be challenging. And even if the SSA doesn’t consider drug or alcohol use material to your case, you still need to prove that your medical condition keeps you from working.

Reasonable accommodations under the ADA include providing time off for treatment, modifying job duties to support recovery, or ensuring a safe and supportive work environment. However, if the condition affects major life activities such as working, caring for oneself, or socializing, it could be considered a disability. Individuals whose OUD is a disability and who are participating in a supervisedrehabilitation or drug treatment program are protected by the ADA if they are not currentlyengaging in the illegal use of drugs.13 See explanation in Question 5. It is illegal to discriminateagainst these individuals based on their treatment for OUD. Rehabilitation programs can be a valuable resource for individuals seeking to overcome drug addiction.