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. […]
Disability & Disabling Conditions Under Social Security
Under Social Security law, a disability is defined as the inability to engage in any “substantial gainful activity” (SGA refers to the physical requirements of a paying job) because of a physical or mental impairment. This impairment or impairments: can be expected to result in death OR can be expected to last for a continuous […]
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 […]
Social Security and Alcoholism
The Social Security Administration (SSA) will not find you to be disabled if alcoholism or drug addiction is a contributing factor material to the determination of whether you are disabled. This means that even if you are disabled, SSA will decide whether you would be able to work if you stopped using drugs and alcohol. […]
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