DRUG ADDICTION AND SOCIAL SECURITY BENEFITS

Posted by:  The Forsythe Firm, Social Security Disability Advocates

(256) 799-0297   No Fee Due Unless We Win & Obtain Back Pay for You

A question we often get is, "Will drug abuse (or alcoholism) qualify me for Social Security disability benefits?"

Or, "Will drug abuse (or alcoholism) disqualify me for Social Security disability benefits?"

The answer to both questions is, No.

A person may not qualify for Social Security disability merely on the basis of alcoholism or other substance abuse.  On the other hand, a person should not be disqualified merely on the basis of alcoholism or substance abuse.

The definitive legal ruling on that is found in 20 CFR §404.1535:  "The key factor we will examine in determining whether drug addiction or alcoholism is a contributing factor material to the determination of disability is whether we would still find you disabled if you stopped using drugs or alcohol."

So an individual cannot qualify for benefits on the basis of substance abuse, neither can he be denied benefits for substance abuse that does not materially contribute to his impairment.

Social Security disability representation with no fee unless back pay is recovered.  Call (256) 799-0297 for local Alabama representation.

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