Drugs & Alcohol: Poison to Your Disability Case
Drug and alcohol abuse seems to seems rampant these days. And if you have a pending social security disability claim and you are abusing these substances, you are not only poisoning your body, you are poisoning your social security disability case.
Social security regulations provide that disability benefits will not be paid when a disability is caused by drug and alcohol abuse. The claimant must be disabled even if the drug and alcohol abuse ceased.
Most claimants filing for disability that I have seen who are abusing drugs and alcohol are not disabled because of the substance abuse. Usually it is part of their problems, probably makes them worse, and is in response to the stress of their situation. But substance abuse creates a significant issue that the judge must look at: what role does the substance abuse play in the disability claim. In the back of every judge's mind is the understandable concern: if I grant this case will the benefits simply be used to abuse drugs and alcohol? No judge wants to be this kind of "enabler".
If you are abusing drugs and/or alcohol and have filed for disability benefits know this:
1. You will not be able to hide it from social security. More than likely it is a part of the medical records;
2. The fact that you may have a "dual diagnosis" (mental health diagnosis plus substance abuse), or that you are "self-medicating" will not protect you from a denial due to your substance abuse;
3. You need to enter treatment if you are abusing substances. Period. You may be able to quit on your own, but you need more proof than just your word that you have "turned it around".
Social security regulations provide that disability benefits will not be paid when a disability is caused by drug and alcohol abuse. The claimant must be disabled even if the drug and alcohol abuse ceased.
Most claimants filing for disability that I have seen who are abusing drugs and alcohol are not disabled because of the substance abuse. Usually it is part of their problems, probably makes them worse, and is in response to the stress of their situation. But substance abuse creates a significant issue that the judge must look at: what role does the substance abuse play in the disability claim. In the back of every judge's mind is the understandable concern: if I grant this case will the benefits simply be used to abuse drugs and alcohol? No judge wants to be this kind of "enabler".
If you are abusing drugs and/or alcohol and have filed for disability benefits know this:
1. You will not be able to hide it from social security. More than likely it is a part of the medical records;
2. The fact that you may have a "dual diagnosis" (mental health diagnosis plus substance abuse), or that you are "self-medicating" will not protect you from a denial due to your substance abuse;
3. You need to enter treatment if you are abusing substances. Period. You may be able to quit on your own, but you need more proof than just your word that you have "turned it around".
posted by Stanley Denman at
7:38 AM
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