ALCOHOL OR DRUG ABUSE AND SSDI

If there is alcohol or drug abuse in your background, it will get special attention from Social Security when you apply for disability benefits.  Congress has enacted laws that prevent Social Security from paying benefits for drug or alcohol abuse.

There are a few important facts in Social Security regulations to keep in mind concerning substance abuse and how it affects a claim:

The Issue of Materiality: 

 Not all past drug or alcohol abuse is material to the claim.  Past abuse is material only if:

• It occurred during the relevant period; meaning, it occurred during the period for which you trying to get benefits.

• It has a material effect on your disability, meaning:
• You would not be disabled without the abuse, and
• If you stopped the abuse now you would no longer be disabled.

The following example be helpful.

Take the case of an individual who drank heavily for years and developed severe cirrhosis of the liver. There is little doubt that the disease was caused by alcohol abuse.  However, the liver damage is done and it cannot be reversed.  Even if the individual no longer drinks, the cirrhosis will not get better.  Therefore, alcohol abuse is not a material consideration in this claim.

I advise my clients to admit any drug or alcohol abuse.  It doesn't automatically cause the claim to be denied and being truthful about it helps with credibility.  If serious substance abuse is present, it will nearly always be shown in the medical record and Social Security decision makers will be aware of it.  Denying it just hurts you because it indicates to the judge that you will lie to get approved.

And, whatever you do, make your representative aware of any substance abuse issues.  Knowing about it in advance allows us to prepare.  The worst thing is to be "ambushed" with damaging information at the hearing.

What Social Security needs to know is:  How long ago did the abuse take place and when did it stop?  Did the abuse materially contribute to the disabling impairment?  If the abuse stopped today, would the disabling impairment continue to be present (as in the example of cirrhosis)?

Information is power.  Learn as much as possible about Social Security rules and regulations before filing a disability claim.  It gives you a much greater chance of success.
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