Determining If Substance Use Is Material
- Material is similar to contributes to or an important part of or significant or substantial part of
- Consider: would the person be disabled by one or more disorders if he or she were clean and sober?
- If yes, then the person is potentially eligible for benefits
- It is not necessary to be clean and sober to receive benefits
What Evidence Do We Need In Cases Involving Daa
a. General.
We follow our usualcase development rules and procedures for any impairment in casesin which DAA materiality is, or may be, anissue. We will ask for evidenceregarding DAA in any case in which there is an allegation or otherindication that the claimant has a Substance UseDisorder, such as evidence that a claimant is currently receivingtreatment for a Substance Use Disorder orevidence of multiple emergency department admissions due to the effectsof substance use. If we do not initially receive sufficient evidenceto evaluate DAA, we may or may not continueto develop evidence of DAA, as follows:
i. We will not continue to develop evidence of DAA if the evidence we obtain about a claimant’sother impairment is complete and shows that the claimant is not disabled. We will not complete developmentof DAA only to determine whether the claimantis disabled considering DAA because the additionalevidence could only change the reason for our denial.
ii. We will not continue to develop evidence of DAA if the claimant is disabled by another impairmentand DAA could not be material to the determinationof disability. For example, if the claimant has a disabling impairmentthat is unrelated to, and not exacerbated by DAA, or that is irreversible, we would find that DAA is not material to the determination of disability evenif we completed the development.
b. Establishing the existence ofDAA.
c. Otherevidence.
d. Consultativeexaminations.
Could I Lose My Current Disability Benefits Due To Substance Abuse
If you are already receiving social security disability benefits, you should not put your claim in jeopardy by using drugs or alcohol. At times, SSA will review your claim. There have been many applicants that have had their claimed reviewed every 2-3 years. If there is evidence of any illegal activity such as drug use that comes up while receiving benefits, it could lead to the suspension of your benefits. In addition, if you are wholly dependent on social security disability to make ends meet, the cost associated with obtaining drugs and alcohol is just a bad financial decision.
If you have further questions about social security disability claims in relation to drugs and alcohol, or if you have been denied benefits, please feel free to contact us at 210-885-3408. Absolutely free consultation.
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Qualifying For Disability With A Substance Addiction Disorder
The SSA recognizes that certain impairments caused by drug abuse can be disabling, such as anxiety or depression, personality disorders, seizures, and brain, organ, or nerve damage. The SSA organizes these impairments under a “substance addiction disorder” in their official impairment listings. To qualify for disability under this listing, you would have to fulfill the SSA’s requirements for any of the underlying impairments. For instance, if you suffer from depression caused by substance abuse, you would have to show you that suffer from four specific symptoms from a list of nine possible symptoms, among other things. However, if you are still using drugs, the SSA would make a DAA determination to determine if your depression would go away if you stopped using drugs. Beware: If you apply for disability benefits for addiction-related depression or anxiety, you will have an uphill battle convincing the SSA that the depression or anxiety wouldn’t go away if you stopped using drugs.
Office Of Hearings Operations
On August 8, 2017, Acting Commissioner Nancy A. Berryhill informed employees that the Office of Disability Adjudication and Review would be renamed to Office of Hearings Operations . The hearing offices had been known as “ODAR” since 2006, and the Office of Hearings and Appeals before that. OHO administers the ALJ hearings for the Social Security Administration. Administrative Law Judges conduct hearings and issue decisions. After an ALJ decision, the Appeals Council considers requests for review of ALJ decisions, and acts as the final level of administrative review for the Social Security Administration .
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Am I Eligible For Benefits If I Still Use Drugs And Alcohol
If you have a current, ongoing substance abuse problem, the Social Security Administration will likely issue your SSD payments to a representative payee. Your representative payee, may be a friend, family member or a qualified organization. The representative payee will then be responsible for managing your checks. This ensures you do not spend the funds on drugs or alcohol.
Seeking Assistance Before Applying For Benefits
If you use marijuana for medical reasons, you must prove that its used to treat your conditions symptoms. If the SSA thinks marijuana exacerbates your symptoms, you may not qualify for benefits.
However, even if you are able to do this, you should speak to an attorney. Preferably, you should speak to one thats familiar with social security. Our attorneys from Social Security Disability Advocates USA are a perfect choice.
Even if marijuana is legal in your state for medical purposes, the federal rules are trickier. A lawyer will be able to help present your case in the strongest possible light so that rejection on this basis is less likely.
Marijuana use, regardless of purpose and legality, can have an impact on your ability to qualify for social security benefits. If youre applying for social security disability and smoking, you should contactSocial Security Disability Advocates USA for professional guidance.
Call us at to schedule a free consultation. We are available 24 hours a day, seven days a week. Dont keep your questions to yourself. Also, feel free to contact us online, and dont forget about our LiveChat feature!
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What Do We Do If The Claimant’sco
a. Many people with DAA have co-occurring mental disorders that is, a mental disorderdiagnosed by an acceptable medical source in addition to their DAA. We do not know of any research data thatwe can use to predict reliably that any given claimant’s co-occurringmental disorder would improve, or the extent to which it would improve,if the claimant were to stop using drugs or alcohol.
b. To support a finding that DAA is material, we must have evidence in the case record that establishesthat a claimant with a co-occurring mental disorder would not bedisabled in the absence of DAA. Unlike casesinvolving physical impairments, we do not permit adjudicators to relyexclusively on medical expertise and the nature of a claimant’s mentaldisorder.
c. We may purchase a CE in a caseinvolving a co-occurring mental disorder. We will purchase CEsprimarily to help establish whether a claimant who has no treatingsource records has a mental disorder in addition to DAA. See Question 8. We will provide a copy of this evidence,or a summary, to the CE provider.
d. We will find that DAA isnot material to the determination of disability and allow the claimif the record is fully developed and the evidence does not establishthat the claimant’s co-occurring mental disorder would improveto the point of nondisability in the absence of DAA.
Claim That Politicians Exempted Themselves From The Tax
Critics of Social Security have said that the politicians who created Social Security exempted themselves from having to pay the Social Security tax. When the federal government created Social Security, all federal employees, including the president and members of Congress, were exempt from having to pay the Social Security tax, and they received no Social Security benefits. This law was changed by the Social Security Amendments of 1983, which brought within the Social Security system all members of Congress, the president and the vice president, federal judges, and certain executive-level political appointees, as well as all federal employees hired in any capacity on or after January 1, 1984. Many state and local government workers, however, are exempt from Social Security taxes because they contribute instead to alternative retirement systems set up by their employers.
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Supporting People To Get Help
Together with the Ministry of Health, the Ministry of Social Development is establishing an ‘0800 Helpline’ for Work and Income beneficiaries who indicate that they would like support to resolve their drug issues.
The service has been set up for beneficiaries who require support as a result of the new pre-employment drug testing obligations. The service also provides support for people with alcohol problems, however the pre-employment drug testing obligation does not include testing for the presence of alcohol.
The Helpline service will provide:
Disability In Terms Of Ssa
SSA determines the disability of the applicant by looking into their working status, their medical condition, etc. Based on those criteria, the SSA would decide to provide disability benefits to the applicant. Both the programs that are initiated for assisting the disabled have similar requirements.
Moreover, the applicants have to meet the SSA’s definition of disability to receive the benefits. If the applicant meets the non-medical requirements, they can get the SSA benefits each month.
The SSA determines the disability of the applicants by the following queries.
- Are they still working?
- Is the condition of the applicant severe?
- Can the applicant work like before his disabled condition?
- Rather than the previous work, can the applicant work in any other job role?
If the applicant is still working and the average salary is more than $1300 a month, their application is more likely to get denied. If the person is not working, the applicant could receive a Disability Determination Services application. The applicant whose medical condition is severe such as acute leukemia, pancreatic cancer, Lou Gehrig’s disease, can get early approval. Moreover, the applicant has to meet the basic requirements for medical SSA benefits. SSA provides no disability benefits for the partially disabled or a short-term disability. Conditions such as
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Does Marijuana Use Affect A Workers Compensation Claim In California
Workers compensation exists to prevent employees from losing their income and facing other financial burdens as a result of an injury they sustained at work. To prevent this important system from being abused, a number of rules and regulations exist to determine which kinds of injuries qualify for coverage, how long people have to file their claims, and what would disqualify someone from collecting benefits.
For many years, testing positive for drugs including marijuana during a post-injury drug screening would likely result in a denial of benefits. The reason often came down to the plausibility that the employees impairment from drug use significantly contributed to the accident.
In 2016, however, California voters approved Proposition 19 and recreational marijuana use has been legal ever since. Theres even some movement in the state to decriminalize the possession of psychedelics. As drug laws change in California people who enjoy these new liberties might be concerned about how their use could affect a workers compensation claim.
Reducing Cost Of Living Adjustment
At present, a retiree’s benefit is annually adjusted for inflation to reflect changes in the consumer price index. Some economists argue that the consumer price index overestimates price increases in the economy and therefore is not a suitable metric for adjusting benefits, while others argue that the CPI underestimates the effect of inflation on what retired people actually need to buy to live.
In 2003 economics researchers Hobijn and Lagakos estimated that the social security trust fund would run out of money in 40 years using CPI-W and in 35 years using CPI-E.
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Q: Will My Documented Drug Dependence Affect My Ssdi Claim
If you have a documented drug dependence this can definitely add a layer of complication to your SSDI claim, but this does not necessarily mean you will not be able to receive benefits. Social Security isn’t going to see the drug use and automatically deny you because they understand drugs can play a variety of roles when it comes to a person’s disability.
First of all, if your only alleged disability is a drug or alcohol addiction, you will not be able to receive disability benefits. While an addiction can certainly disable someone, the Social Security Administration does not grant SSDI benefits based solely on addiction.
If you do have another disability, in addition to a drug or alcohol dependence, the SSA will look at that disability first. In the event your disability is one that would be approved for benefits, the SSA will then look at your addiction and how it contributes to your disability. They’re going to ask themselves, “Would this person still be suffering from this disability if it were not for their addiction to drugs or alcohol?” If the answer is yes, then you should have no problem being approved.
Every SSDI case is different, so none of this information should be taken as professional legal advice. This is simply what could happen in certain situations involving SSDI benefits and drug or alcohol addictions.
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Is Disability For Drug Addiction Available
Drug addiction often has a debilitating impact on people who have been using it for an extended period of time. It is not uncommon for someone to lose their job, their housing, and relationships that might have otherwise helped support them. This leaves drug-addicted individuals without a safety net when drugs have taken over their lives.
Disability benefits include cash payments to help offset living expenses as well as health care coverage. Transition coverage is available to those who are able to recover and return to work.
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Inclusion Of Daa As A Disability Factor
If the person does not meet the social security administration’s definition of disability, even after the inclusion of DAA as a factor, the person is not eligible for SSDI benefits. The person could apply for a review. The representatives may review the application, and the claimant may have to take a medical examination. If the person is found to be disabled, the SSDI approves the application to the next step.
Can Using Drugs Or Alcohol Affect My Disability Claim
When you apply for disability, the SSA will make a determination of whether substance abuse is a material contributing factor to your disability. Material means the substance abuse is contributing to, or worsening, your medical condition. The Administration will also consider whether you would qualify for insurance benefits if you did not abuse alcohol or drugs. If they find that without using you still do not qualify, then the SSA will deny benefits.
For example, lets say you have a drug addiction and suffer from seizures. The SSA determines the frequency of seizures would continue even if you stopped using drugs. In that case, you may receive disability benefits. On the other hand, if the SSA determines your seizure condition would medically improve if you stopped using drugs, then the SSA will likely consider your drug addiction material to your disability and deny benefits.
One of the steps in approving disability insurance is the SSA reviewing your medical records. If at one point your doctor noted a suspected substance abuse problem, then the SSA may use this as reason to deny your disability claim. Proving that drug addiction or alcoholism is immaterial, or does not contribute to a disability claim, can be difficult. Have a qualified disability lawyer review your medical records and guide you through the entire disability claim process.
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Why Being Honest Is Essential
If you currently receive disability payments from the SSA, you will not be subjected to a drug test to maintain your benefits. The SSA will, however, have access to all your medical records, which may include blood and urine tests that could indicate the use of drugs or the excessive use of alcohol. This information can be used by the SSA to determine your initial and ongoing eligibility for disability benefits. If you aren’t honest on your application or with SSA physicians or representatives, your application for disability benefits can be denied outright even if you would have been approved for benefits otherwise.
You can apply for SSA disability benefits online or at your local Social Security office. Be prepared to document your disability with the names of your doctors, the dates on which you visited these healthcare professionals and the medications you are currently taking. This will streamline the application process for both online and in-person requests for disability benefits through the Social Security Administration.
Talk To A Disability Attorney About Your Social Security Disability Claim
Disability laws are complicated. The attorneys at Parmele Law, P.C., provide compassionate advocacy combined with years of experience with disability claims.
If you have any questions about a Social Security claim, contact a disability attorney at any of our offices across Arkansas, Missouri, Kansas, Oklahoma, and Illinois. Call or submit the Contact Form on our website for a free consultation.
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Synergy Of Mental Illness And Substance Use
- The two disorders may have evolved independently
- The idea of a primary diagnosis is not applicable different disorders do not exist hierarchically within a person
- More often, people with histories of trauma or mental illness begin to use alcohol and other drugs as a way to cope
- It is more socially acceptable to abuse alcohol or drugs than to have a mental illness, so people may seek treatment for the substance abuse but not the mental illness