Alcohol and drug addiction is prevalent throughout our society, not just in New Orleans as some would have us believe. As a social security disability attorney, I am often asked how people with drug or alcohol addiction are able to get disability benefits. I have also been asked whether having a drug addiction or being an alcoholic can prevent someone from getting disability benefits.
In response, I tell them that Congress does not allow your social security tax dollars to be given to those who cannot work solely because of alcoholism or drug addiction. Specifically, 42 U.S.C. §423(d)(2)(C) provides:
“An individual shall not be considered to be disabled for purposes of this title if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner’s determination that the individual is disabled.”
So, basically, if a person’s only impairment or disability is the addiction, they cannot be awarded benefits. Also, if the addiction is a material contributing factor to their disability, Congress has declared that such persons should not get disability benefits.
However, a drug addict or alcoholic is not prohibited from obtaining social security disability benefits if they have another disability that renders them disabled under Social Security law. A simple example is that of a drug addict who is rendered a paraplegic in a car accident. The disabling condition (paraplegia) is not related to the drug addiction. Assuming the addict meets all other requirements, they can receive SSDI.
Social Security rules basically say that if a person was to stop drinking or abusing drugs, but the disabling condition would continue, they could get benefits. For example, if an alcoholic developed cirrhosis of the liver due to years of drinking and stopped drinking, the cirrhosis could still be used as a basis to award disability, if sufficiently disabling.
Social Security disability cases involving drug addicts or alcoholics can be very complicated from a legal standpoint. If you or someone you know is in this situation, you should encourage them to seek legal assistance with their social security claim.
I asked the question about the addict, I do have other problems like severe depression, terrible leg and back pain and having problems keeping a job because of it. I have applied in 2007 and did not continue to persue the matter. I need help with this issue and want to know if you can help me, I am working on staying clean and sober but still in great pain. I was in a accident in 2001 and I do suffer from herniated disk in my neck and back. I would like to know if a lawyer can help me with this issue. Please send me an e-mail to let me know what my chances are THANK YOU
Cora Howell
Addiction cases can be difficult, but they can be won. The addiction cannot be the cause or a significant contributing factor to the disability. Each ALJ has a different interpretation of the standard and so these cases are hard sometimes. One question I always ask when faced with a client who has an addiction is this – “if the client was not addicted to ____, would the client still meet the standard for disability?”
I also have drug addiction issues due to years of self medicating myself. In Feb of 2011, I had open Heart Surgery and my main aeortic valve was replaced with a prostetic valve. My spleen is not functioning, and I have been diagnosed with Fibromyalgia for years. Some days I cant even get out of bed, and this is causing much depression. Since my heart Surgery I get exhausted very easily.
My heart valve went bad due to an infection that was put into my body from bad teeth. When I was admitted for my Heart Surgery last year, I admitted that I had an addiction problem due to self medicating myself. So this is in my hospital records. Would I be able to be considered for disability.
I was also readmitted to the hospital again in Feb of this year, because my heart valves were leaking and was on IV antivbiotics for two weeks. I am supposed to keep regular check ups with my cardiologist, but again, I have no medical insurance. I was warned in feb that if my heart valves were to leak again, that i would not survive. Can you help me?
Kim, have you applied for disability benefits through Social Security?
I’m on ssdi for several illnesses but addiction was not one of them.I am at the end of a 2 year wait for medicare which will reduce my benefits 100$ a month.People on ssi who are brain dead from crack get medicaid and their ssi is not lessoned cuz of it and they have no waiting period.I live in a drug riddled area and meet people on ssi for addiction that makes them unable to work.I feel the healthcare system is screwed.I worked until my back was too bad to function and I paid into the system to get ssdi. I have a neighbor on ssi who spends his entire check on crack.His addiction has caused him to have a leg removed and his voicebox and he smokes it through the hole in his neck I hear.Why don’t they throw the meth/crack addicts into state rehabs instead of wasting taxpayers dollars on them.It makes me mad.
What happens after 5 yrs on ssdi and you aren’t eligible for ss benefits.I just found out ssdi is 5 years only?