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In the past I abused drugs and alcohol. Today I suffer from several medical conditions and psychiatric problems. Am I eligible for Social Security Disability benefits?
This is an excellent question. The short answer is that past drug and alcohol abuse will not prevent you from being found disabled so long as your current use is not a material contributing factor to your disability. Review that the basic definition of “disabled” under Social Security rules is a severe impairment that prevents you from engaging in substantial gainful activity, and one that prevents you from engaging in your past relevant work or other available and appropriate employment. Under Social Security Rules, drug and alcohol abuse can make you ineligible for social security benefits if the agency determines that such use is a material contributing factor to your disabling condition. We will use some illustrations to distinguish when current drug and alcohol abuse will prevent the Social Security Administration (“SSA”) from finding you disabled.
Assume that Joe suffers from alcoholism and that he has been drinking heavily throughout most of his life. Joe was recently involved in a car accident that has resulted in serious spinal cord trauma and Joe is now a paraplegic. Joe files for disability benefits and continues to abuse alcohol daily. Certainly, Joe’s current alcohol use does not improve his condition, but in terms of medical causes of Joe’s paralysis, current alcohol use is not a material contributing factor to Joe’s severe impairment. Joe’s paralysis prevents him from engaging in past relevant employment or any other appropriate potential employment. Thus, Joe has a severe impairment that will cause the SSA to find him disabled despite his current alcohol abuse. We will use another example to illustrate when the SSA might deny a disability claim based on current drug or alcohol abuse.
Assume that Jack abuses drugs on a regular basis. Jack has developed depressive and anxiety disorders as a result of his drug abuse. Jack’s depressive and anxiety disorders are severe impairments under Social Security rules. Assume further that Jack’s conditions are substantially severe to render him disabled under social security rules. Once the SSA has determined that Jack meets the definition of “disabled” under applicable rules considering his drug abuse and anxiety and depressive disorders, the SSA will next determine whether Jack’s drug abuse is a material contributing factor to Jack’s disabilities. In this instance, there is a possibility that Jack’s current drug abuse is a material contributing factor to his anxiety and depressive disorders. Medical doctors’ opinions are necessary to determine whether Jack’s drug abuse is a material contributing factor to his disabilities. Essentially the inquiry is whether, if Jack ceased drug abuse, his anxiety and depressive disorder would no longer be substantially severe to rendered him disabled under SSA rules. If the medical evidence indicates that Jack’s conditions would improve if he ceased drug abuse to the point that he would no longer meet the severity requirements for his conditions under applicable SSA rules, then the SSA will not find him disabled under social security rules as a result of his drug abuse despite suffering from severe impairments.
To answer your question, the SSA would most likely not find your past drug and alcohol abuse a material contributing factor to your current psychological impairments since there is no current use. If you are currently using drugs or alcohol and ceasing such abuse would improve your condition to render you not disabled, then the SSA will find the abuse a material contributing factor and deny you benefits. Assuming your drug and alcohol abuse is in your past, such abuse would most likely not prevent you from otherwise being eligible for disability benefits, assuming of course that other criteria are satisfied.
Should you have any questions regarding social security benefits, or if you would like to consult with an attorney, please contact our office. Thank you.