IT ALL DEPENDS….
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?
Substance Abuse
Substance abuse is pattern of substance use leading to ‘significant impairment or distress’; if you can’t fulfill your obligations at work, school or home (e.g., absences, poor performance); frequent use of substances in hazardous situations (e.g., driving); frequent legal problems (e.g., arrests); continued use despite social problems (e.g., arguments with spouse).
Substance Dependence
Substance Dependence is demonstrated by withdrawal symptoms; use of a substance in larger amounts or over a longer time than intended; unsuccessful attempts to cut down or control the abuse; reduction in social, occupational or recreational activities; continued use even though it causes physical or psychological problems.
WHAT CAN YOU DO TO GET YOUR SOCIAL SECURITY DISABILITY BENEFITS?
If you are disabled, you probably do not have the time, energy, or expertise to fight the SSA to get your benefits. Let our expert Social Security Disability lawyers do the work for you. Our track record in cases like these is impeccable, and we’d be happy to work with you to get the benefits you deserve!
Call us today at 1-800-803-5555 to get a FREE, no obligation consultation today! Listen to one of our clients tell his story.