Are you filing for Social Security disability benefits and fear a substance abuse history might hinder your claim?
You have a qualifying disability that makes you entitled to monthly benefits.
You have gathered all the necessary documents and medical evidence.
And you finally filed the claim.
Now, you worry your drug or alcohol use might take away your chances of receiving benefits.
Will you get disqualified for this?
Before you let panic set in, let’s explore this topic further.
In this article, Pinyerd Law will help you gain some clarity on how substance abuse can affect an SSDI claim and how to strengthen your case to win benefits.
Substance Abuse and Social Security Disability Benefits
The Social Security Administration (SSA) has a detailed definition of disability applicants must meet to qualify for benefits.
To be eligible for SSDI benefits, your health impairment must be listed in the SSA’s Listing of Impairments, aka the “Blue Book.”
If your disability is the direct result of substance abuse, you may not qualify for benefits.
For example, if your sole health problem is alcohol or drug addiction, you are not eligible for SSDI.
However, you can still apply for disability benefits if your impairment is not solely related to substance use.
A history of drug or alcohol abuse doesn’t automatically disqualify you from Social Security disability benefits. However, it adds an additional layer of complexity to your case.
The SSA acknowledges that substance abuse can exacerbate the symptoms of some disabilities or cause new health issues, making it a crucial factor they consider during their evaluation.
Real Examples of How Substance Abuse Can Harm An SSDI Case
Let’s explore some real-life examples so you can better understand how a history of substance abuse can impact your SSDI claim.
Example 1:
The applicant is filing for SSDI benefits for a severe back injury resulting from a car accident.
The claimant has a history of substance abuse, even after the accident.
It’s essential to note that even if the applicant stopped using drugs or alcohol, the back injury would remain unchanged.
In this case, the substance abuse history shouldn’t compromise the SSA decision regarding eligibility.
Example 2:
The claimant is dealing with type 2 diabetes and frequent hospitalizations due to high blood sugar levels.
Additionally, they engage in heavy alcohol consumption.
Physicians agree that alcohol abuse can worsen diabetes. And if the applicant abstains from drinking alcohol, their diabetes management treatment could significantly improve.
Consequently, if the SSA agrees that sobriety would enhance the claimant’s condition, they might consider denying them SSDI benefits.
Proving Disability Despite A Substance Use History
To prove your disability is not related to your substance abuse and increase your chances of winning, you will need well-documented evidence.
Here are some key elements to consider:
- Medical Records: Gather, organize, and submit strong and relevant medical records that clearly outline the onset and severity of your disability.
- Treatment Records: Include records from your rehabilitation programs, medication treatments, counseling sessions, and any other treatment you undergo to improve your health. This will help you demonstrate your commitment to recovery.
- Healthcare Providers Statements: Request written letters from your physician or mental health professional that detail the nature and severity of your impairment.
- Prescription Medications: If your doctor prescribes you medication to manage your disability, provide documentation of those prescriptions.
- Functional Capacity: The functional capacity is the ability a person has to complete everyday tasks. You must showcase that your disability hinders your capacity to perform daily tasks and work-related activities. Remember that to win SSDI, you must prove your impairment stops you from working.
- Vocational Expert Testimonial: If you can get a new job, the SSA won’t grant you disability benefits. A vocational expert can testify about your inability to secure another type of job due to your health condition.
Can A Disability Attorney Help with My Claim?
SSDi disability claims are already complex to navigate. A substance abuse history can make things more challenging for the claimant.
In those cases, working with a professional disability lawyer can significantly smooth the path to disability benefits.
Here is how a disability attorney can be a valuable asset to your SSDI claim:
- In-depth knowledge of the SSA requirements, procedures, and regulations.
- Thorough case evaluations and comprehensive strategy development.
- Experience in gathering and organizing crucial medical records and other relevant evidence.
- Assistance in filling out application forms.
- Navigating appeal and Administrative Judge hearings if the application gets denied.
A seasoned disability lawyer can be your best ally when fighting a complex SSDI case.
Getting SSDI Benefits Despite Substance Abuse History
Navigating a Social Security disability benefits case with a history of substance abuse is no walk in the park.
SSDI claims are already intricate; the drugs and alcohol add an extra layer of complexity.
But that doesn’t mean you shouldn’t apply for benefits. It only implies you have to put extra effort into building a flawless case.
If you have a qualifying disability, focus on gathering strong medical evidence, don’t miss any paperwork, and consider hiring a disability lawyer to help you with your case.
