HOW ADDICTION AFFECTS YOUR DISABILITY BENEFITS

The Old Rules

Before 1996, if you had an addiction, you could qualify for Social Security Disability benefits because of that addiction alone. Addiction was seen as a disability in itself. Today, however, the rules have changed, and this is unlikely to have a significant impact on your case.

The Modern Rules

The law now is the "Senior Citizen's Right to Work Act of 1996," and it took a hard line: no more claiming disability just because of drug or alcohol addiction. In effect, the Act says you’re not considered disabled if addiction is a factor in your disability. More plainly, if your disability would still be there without the substance abuse, you’ve got a chance at benefits. But if your addiction is part of what makes you disabled, the Social Security Administration (SSA) will likely turn you down.

The Reality

Presently, if your file includes evidence of drug or alcohol issues, the SSA must determine whether your disability would exist independently of your addiction or if the addiction exacerbates your condition. Note: This evaluation becomes particularly complex with psychological impairments. The SSA will then review periods of abstinence and compare your physical and mental health during those times to when you were using substances. If there are no periods of abstinence, you will need a detailed statement from your physician explaining how your addiction does not contribute to your disability.

The Bottom Line

In the end, the SSA focuses on whether your disability stands on its own, despite any issues with addiction. To this end, your case depends on proving that your disability is serious enough on its own. And so, if you find yourself in a situation like this, it may help to gather your medical records and get a clear statement from your doctor showing how your disability isn’t just caused by your addiction.