Congress has prohibited Social Security from paying disability benefits on the basis of alcoholism or drug addiction. However, alcoholics and drug addicts have heart attacks, get cancer or get sick in other ways just like everyone else. Alcoholics and drug addicts who become disabled apart from their alcoholism or drug addiction can become eligible for Social Security disability benefits.
According to Social Security (SSA), they determine whether drug addiction or alcoholism is a contributing factor material to the determination of disability based on of the following:
(a) If SSA finds you are disabled and have medical evidence of your drug addiction or alcoholism, SSA must determine whether your drug addiction or alcoholism is a contributing factor material to the determination of disability, unless SSA finds that you are eligible for benefits because of your age or blindness.
(b) SSA will then follow evidence of your drug addiction or alcoholism.
The key factors SSA examines in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether SSA would still find you disabled if you stopped using drugs or alcohol. SSA also evaluates which of your current physical and mental limitations, upon based upon current disability determination, would remain if you stopped using drugs or alcohol and then determine whether any or all of your remaining limitations would be disabling.
(a) If SSA determines your remaining limitations would not be disabling, SSA will find that your drug addiction or alcoholism is a contributing factor material to the determination of disability.
(b) If SSA determines that your remaining limitations are disabling, you are disabled independent of your drug addiction or alcoholism and SSA will find that your drug addiction or alcoholism is not a contributing factor material to the determination of disability.
Claimants whose disabling conditions are due to mental health may have a harder time proving that their alcohol or drug use is not a contributing factor to their mental impairment. Most psychologists and psychiatrists believe that even moderate alcohol use contributes to depression. It is also important for claimants to remember doctors and mental health professionals will indicate “suspected use” in their treatment notes, and these indications, proven or otherwise, can have a damaging effect on a disability claim. It is also important to note if you win your claim for disability and SSA believes you are still abusing alcohol or drugs, SSA may require you to have a representative payee and will refer you to a substance abuse treatment program. SSA will also require payments to be sent to a representative payee.
