Can an Alcoholic Ever Qualify for Disability?
A number of years ago, Congress passed a number of changes to the Social Security disability laws that made disability claimants ineligible for benefits if alcohol or drug abuse was a material contributing factor to their disability. As a result, most claimant's lawyers are very reluctant to accept as clients individuals who are active alcoholics or whose doctors discuss in medical records abuse of narcotic medications.
Are there any circumstances when an alcoholic or drug abuser might still qualify for disability?
You may be surprised to learn that the answer to this question is "yes." If the alcoholic or drug user can prove that he/she has a mental or physical condition that leaves that claimant unable to work, and that this other condition exists independently of the alcohol or substance abuse, he/she can win. In such a case, the claimant' s disability would remain even if substance abuse was absent from the picture. Such a distinction can be difficult to prove, but it can be done, especially if the claimant has a long treatment record from a treating physician and that physician is prepared to go on record drawing those lines.
Similarly, I have won a couple of cases on behalf of alcoholics who have severe liver disease arising from drinking. In one case in particular, I remember seeing blood chemistry test results that clearly documented liver failure in an individual who continued to poison himself with alcohol despite the very negative health implications.
On the other hand, Social Security judges will look much more sympathetically on a case filed by an active alcoholic or drug abuser if the claimant is making a sincere effort to treat the addiction.
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Comments on Can an Alcoholic Ever Qualify for Disability?
I have represented a fair number of individuals with substance abuse issues. One important document is that there is an emergency teletype found at policy.ssa.gov in the EMs section(EM-96200). Basically, what I have learned is that if a person uses illicit substances, have a mental disorder, and they are being treated by a psychologist, psychiatrist, or other licensed mental health professional such as a therapist and the treating person generates a letter that basically states the mental health condition of the claimant would still result in significant impairments in spite of the substance use adn describes these limitations then this has resulted in approvals for my clients. If you can not get this and the client can stay clean for 30 days and then if he is psychologically evaluated and his impairments are significantly limiting then this can lead to an approval. Another thing is that sometimes Judges do not have a logical basis to determine how a client can function without the use of substances…that is there is no clear record to show how effective they are if they are not using. This makes it tougher to say substance use is material. Finally, I have a case on appeal now over a diagnostic issue, my client used marijuana, it was well documented, but there is no diagnosis of substance abuse anywhere in the file by a therapist or psychologist. This includes the reviewing psychologist for the State Agency. Judges are not allowed to diagnose and a substance abuse diagnosis is required.
wow thumbs up for this attorney after reading multiple inquiries this did it 4 me the attorney here is obviously a lawyer but working for the people damn!d like to get him on my case..40 freakin years of horrer given induced on me by bcw!!!!! to qualify for disability- have it -now they cutting me off!1973
keep reading this is definitley a well informed good info site basically theres no other for us!cant wait to c the outcomes of this marijuana case.anybody know if skizophrania goes away?
To whom this may concern; I am an Alcoholic, and I've been trying to stay sober since 1999. I've been Diagnosed with Depression by all the Facilities I've been too…and there has been many. I just recently have been released from them Behavior Health Unit at Manchester Hopspital in CT. I have been able to stay sober for many months at a time…but I always relapse because of Massive Depression…even with months sober. I don't know what to do. If this isn't a disability…and you have Fat Lazy peopole who arent even trying to work..and they collect…then something is wrong with the system. I am always seeking work when sober…and I get good jobs…but the inevitable happens…I drink to self medicate..then bang..all is loss.
I cant keep a job and i cant quit drinking