December 14, 2018

SOCIAL SECURITY DISABILITY DENIED? ONE CLIENTS STORY

Fighting for Your Social Security Disability Benefits

The experienced disability lawyers at Hoffman, Larin & Agnetti have been fighting for our clients since 1985.

We believe that all of our Social Security Disability (SSD) & Supplemental Security Income (SSI) clients are entitled to the benefits they deserve and we work hard to get them just that.  Other companies send a clerk or an associate to hearings but we always have an experienced attorney at your side. We fight to get you the Social Security Disability benefits you deserve!

Watch how we helped a client get his life back.  If you need help with your Social Security Disability, call 1-800-803-5555 for a free, no-obligation consultation today!

HOW ADDICTIONS TO OPIODS AND ALCOHOL IMPACT SOCIAL SECURITY DISABILITY

IT ALL DEPENDS….

Social security form

The Social Security Act states that even if you have are disabled, you will not be awarded Social Security disability benefits if drug addiction or alcoholism (DAA) are a contributing factor.

Once medical evidence establishes DAA, a Social Security Judge will decide whether you would continue to be disabled if DAA stopped. DAA isn’t relevant if it is decided that once the use stopped, your physical impairment would improve and you would no longer be considered disabled.

There are different standards if you have a mental impairment (as opposed to physical impairment). Social Security has decided that it cannot reliably predict whether a mental condition would improve the use of drugs or alcohol stopped.  In these cases, the Social Security administration relies on other evidence in the case record to show that you would not be disabled in the absence of DAA.

WHAT IS THE DEFINITION OF ABUSE?

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Supreme Court DOMA Decision and Social Security Benefits

The United States Supreme Court, in United States v. Windsor, struck down Section 3 of the Defense of Marriage Act (DOMA), which defined marriage for federal purposes as the union between a man and a woman, finding that it violates equal protection and federalism principles.

There are currently an estimated 114,000 legally married same-sex couples in the U.S.  Another roughly 535,000 same-sex couples now live in shared households.

Extending Social Security benefits to same-sex couples is a major consequence of the U.S. Supreme Court decision. There are more than 1,000 benefits now enjoyed by heterosexual married couples and their children; the decision may result in these benefits becoming available to same-sex claimants. [Read more…]