Disability Coverage for an Alcoholic or Drug Addict

Many people are discouraged from applying for Disability because they are presently, or have been in the past, addicted to alcohol or drugs.  It is true that addiction issues can make it more difficult to be awarded benefits.  I often speak with clients or even other attorneys who think Social Security's standard for dealing with drug and alcohol abuse is that the disability cannot be caused by substance abuse.  This is not really correct.  People with drug or alcohol problems run into issues of all sorts of problems that have nothing to do with their substance abuse.  In those instances, the abuse should not effect the Disability claim.  The proper standard is whether substance abuse is material to the claim.  Judges evaluate materiality by first determining if the claimant is disabled, then considering whether the impairments the claimant has would still be disabling if the substance abuse stopped.

Filing for Disability if the Claimant has Stopped Drug/Alcohol Use

In cases where the claimant has already stopped drinking or doing drugs, substance abuse should not be an issue.  Again, all kinds of disabling physical and mental conditions can be caused by substance abuse--liver disease, cancer, schizophrenia, COPD, and others--but if the abuse has stopped then it isn't material to the claim.

Quiting is the best way to show substance abuse is not material to the claim, but it can be done other ways.  Many times a doctor can confirm that the symptoms a claimant experiences would not be changed in the instance that the abuse stopped.  Other times it can be shown that the symptoms were ongoing during a period in the past where the claimant wasn't abusing.

The Importance of Medical Evidence for a Disability Claim

It is especially important to develop objective medical evidence in cases where substance abuse exists.  Extra case development is likely necessary.  While substance abuse might not be directly at issue in the claim, the ALJ might give little credibility to a claimants subjective testimony during the hearing or where it appears in the medical records.  Many judges simply do not think people who abuse drugs and alcohol are trustworthy people.  Clearing these issues often takes a skilled and dedicated attorney.

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